With the Stroke of a Pen: Executive Orders and Presidential Power

By Kenneth R. Mayer | Go to book overview

Notes

Chapter One
Introduction
1
The immediate cause of the crisis was the Mexican government's December 1994 decision to devalue the peso in an unsuccessful attempt to stem the flow of capital out of the country and allow the government to repay loans that were coming due. If the crisis was left unchecked, some thought, Mexico faced severe economic hardship that could interfere with political reforms instituted in recent years. In addition, the effects threatened to spill over internationally by destroying investor confidence in emerging markets worldwide, which would in turn hurt the U.S. and European economies. See James D. Humphrey III, “Foreign Affairs Power and ‘The First Crisis of the 21st Century’: Congressional vs. Executive Authority and the Stabilization Plan for Mexico,”Michigan Journal of International Law 17 (1995): 181–220.
2
Carroll J. Doherty, “Rank and File Draw Line against Aid for Mexico,” Congressional Quarterly Weekly Report (January 21, 1995): 214.
3
The authorizing statute, 31 U.S. C. § 5302 (b), allows the secretary of the treasury to deal in international financial transactions “consistent with the obligations of the [United States] Government in the International Monetary Fund on orderly exchange arrangements and a stable system of exchange rates,” subject to the president's approval.
4
Congress held several hearings on Clinton's decision, and the House asked the president to submit all relevant documents pertaining to the loan guarantees (H. Res. 80). Yet Congress failed in attempts to limit the president's ability to authorize the loan guarantees or alter the basic Exchange Stabilization Fund statute. House Committee on Banking and Financial Services, U.S. and International Response to the Mexican Financial Crisis, 104th Cong., 1st sess., 1995, Serial no. 104–1; Senate Committee on Banking, Housing, and Urban Affairs, The Mexican Peso Crisis. 104th Cong., 1st sess., 1995, S. Hrg. 104–164; House Committee on Banking and Financial Services, Subcommittee on General Oversight and Investigations, Administration's Response to the Mexican Financial Crisis, 104th Cong., 1st sess., 1995, Serial no. 104–13.
5
Executive Order 13099, 63 Federal Register 45167 (August 20, 1998).
6
Richard E. Neustadt, Presidential Power and the Modern Presidents (New York: Free Press, 1990), 11.
7
E. Donald Elliot, “Why Our Separation of Powers Jurisprudence Is So Abysmal,”George Washington Law Review 57, no. 3 (January, 1989): 525.
8
Louis Fisher, “Laws Congress Never Made,”Constitution (fall 1993): 59.
9
Executive Order 8248, 4 Federal Register 3864 (September 8, 1939).
10
Clinton L. Rossiter, The American Presidency, rev. ed. (New York: New American Library, 1960), 129.
11
Executive Order 9066, 7 Federal Register 1407 (February 19, 1942).

-227-

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With the Stroke of a Pen: Executive Orders and Presidential Power
Table of contents

Table of contents

  • Title Page *
  • Contents *
  • List of Figures and Tables ix
  • Acknowledgments xi
  • With the Stroke of a Pen *
  • One - Why Are Executive Orders Important? 3
  • Two - Executive Orders and the Law 34
  • Three - Patterns of Use 66
  • Four - Executive Orders and the Institutional Presidency 109
  • Five - Executive Orders and Foreign Affairs 138
  • Six - Executive Orders and Civil Rights 182
  • Seven - Conclusion 218
  • List of Abbreviations 225
  • Notes 227
  • Index 279
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