Skip to main content Accessibility help
×
Hostname: page-component-6bf8c574d5-mcfzb Total loading time: 0 Render date: 2025-03-06T18:27:06.125Z Has data issue: false hasContentIssue false
Coming soon

Congressional Expectations of Presidential Self-Restraint

Expected online publication date:  02 June 2025

Jack B. Greenberg
Affiliation:
Yale University
John A. Dearborn
Affiliation:
Vanderbilt University

Summary

This Element explores how Congress has designed laws reliant on an assumption of presidential self-restraint, an expectation that presidents would respect statutory goals by declining to use their formal powers in ways that were legally permissible but contrary to stated congressional intent. Examining several laws addressing political appointments since the 1970s – statutes involving the FBI director, Office of Personnel Management director, chairman of the Joint Chiefs of Staff, director of national intelligence, Federal Emergency Management Agency administrator, inspectors general, Senior Executive Service, vacancies, Social Security Administration commissioner, and Consumer Financial Protection Bureau director – the authors demonstrate lawmakers' reliance on presidential self-restraint in statutory design and identify a variety of institutional tools used to signal those expectations. Furthermore, the authors identify a developmental dilemma: the combined rise of polarization, presidentialism, and constitutional formalism threatens to leave Congress more dependent on presidential self-restraint, even as that norm's reliability is increasingly questionable.
Type
Element
Information
Online ISBN: 9781009568968
Publisher: Cambridge University Press

Save element to Kindle

To save this element to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Congressional Expectations of Presidential Self-Restraint
Available formats No formats are currently available for this content.
×

Save element to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Congressional Expectations of Presidential Self-Restraint
Available formats No formats are currently available for this content.
×

Save element to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Congressional Expectations of Presidential Self-Restraint
Available formats No formats are currently available for this content.
×