presidential power

Unanswered Questions About Cost-Benefit Analysis

We have only fragmentary evidnece about how CBA actually functions in government decision-making.

Considering that people have been debating cost-benefit analysis at least since Reagan mandated its use in 1981, you would think we would have the answers to some basic questions about how it works.  Yet we have very fragmentary information, generally based on the perspevtives of people at the agencies or in the White House Office …

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Pushing Back Against Presidential Power

It’s time to rethink the amount of power presidents have claimed over regulatory policy.

If there was ever a time to think hard about presidential power, that time is now. That’s a very broad question, but the part most relevant for this blog is the President’s role in controlling government regulation. There is no question that presidents have and will continue to have a huge influence on regulatory policy. …

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New Article Provides In-Depth Analysis of Limits to Presidential Authority Under the Antiquities Act

Analysis By Faculty at UCLA, University of Colorado, and UC Berkeley Concludes that Congress Alone, and Not the President, May Eliminate or Shrink National Monuments

[Updated June 12, 2017 to reflect availability of final published article] Mark Squillace of University of Colorado, Eric Biber of UC Berkeley, my UCLA colleague Nick Bryner, and I have co-authored a short academic article (published in Virginia Law Review Online) about the President’s authority to abolish or shrink national monuments.  This article provides detailed historical research and …

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Politicians and Commentators Who Criticize Recent National Monuments Are Making Up Their Own Version of History

Republican Presidents from Teddy Roosevelt to Herbert Hoover Designated Millions of Acres Under the Antiquities Act

As several colleagues and I noted here recently, President Trump recently issued an executive order that will result in “review” of national monuments created since 1996.  (The Antiquities Act grants Presidents the authority to reserve federal lands as national monuments, protecting them from much new resource extraction and development that would otherwise potentially be available on those …

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National Monuments: Presidents Can Create Them, But Only Congress Can Undo Them

Authored by Nicholas Bryner, Eric Biber, Mark Squillace, and Sean B. Hecht

Bears Ears National Monument, Utah. Bob Wick, BLM/Flickr, CC BY This article was originally published on The Conversation. Read the original article. On April 26 President Trump issued an executive order calling for a review of national monuments designated under the Antiquities Act. This law authorizes presidents to set aside federal lands in order to …

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Herein of Regulatory “Czars”

Some conservatives like Glenn Beck are now raising alarms about the power of “czars” within the Obama White House.   Although the rhetoric is ridiculous, there is a serious question here.  A long-term trend has been for Presidents to exert more centralized control over the bureaucracy, and as a practical matter that control has to be …

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