Gonzaga Debate Institute 2010



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XO Politics Net Benefits: Not Perceived


Executive Orders can be used to send a political signal to a constituency or to an ally in congress

Cooper 2 (Phillip, Prof of Public Administration @ Portland State, By Order of the President: The Use and Abuse of Executive Direct Action)

There is little question that presidents use executive orders in the face of strikes for public relations purposes as well as out of concern for the impact of the work stoppages themselves. Many presidents have employed executive orders to build or protect their image. President Clinton took several such actions as he came to office. His decision to make the first action of his presidency (even before leaving Capitol Hill after inauguration) the signing of an executive order on ethics, 44 his order calling for the elimination of one hundred thousand public service positions,45 and his order mandating elimination of one-half of all executive branch internal regulations46 are classic examples of the tactic. The signing of such orders is often done with great flourish as a media event, as when President Clinton and Vice President Gore crossed the White House lawn to stand between two forklifts laden with what were presumably federal documents to sign the order calling for elimination of half the government's internal regulations. Of course, what the president did not say was that he was not taking action to reduce the number of executive orders that imposed significant burdens on the ability of executive branch agencies to carry out their duties. Not only did Clinton retain the orders imposed by his predecessors, but he even added to the requirements agencies had to meet, forcing, among other things, more of the mountains of paper that the White House lawn ceremony decried. Paying Debts, Rewarding Supporters, Answering Critics, and Sending Signals Often presidents issue executive orders in what may appear to be a public relations event for reasons other than those announced when the order is issued. Presidential orders can be effective devices for paying political debts, demonstrating action for a constituency, responding to adversaries, or sending political signals—real or symbolic. Orders that are largely symbolic rewards for support often make strong statements of policy but provide no new resources. They typically call for awareness by federal authorities of some concern and frequently create interagency or advisory committees for consultation, but they rarely require much beyond consultation and reporting. They also commonly contain clauses serving notice that the order establishes no legally cognizable rights that would justify judicial review.
Executive Orders are not perceived

Mayer 01 (Kenneth, Proff. Of Polt. Science Univ. of Wisconsin, Princeton Univ., “With the Stroke of a Pen: Executive Orders and Presidential Power”, p. 10, http://www.questiaschool.com/read/103282967?title=With%20the%20Stroke%20of%20a%20Pen%3a%20Executive%20Orders%20and%20Presidential%20Power) CBC

Despite the apparent importance of executive orders, the political science literature has paid scant attention to them. This position is especially clear within the subfield of presidency studies, which has been dominated by a research paradigm that emphasizes the president's leadership skills and strategic acumen, not the legal basis of presidential power, as the keys to political success. With few exceptions, 45 existing research on executive orders either has been descriptive or has addressed the consequences of particularly important orders. 46 Similarly, the public administration literature “virtually ignores executive orders and proclamations.” 47

More to the point, most of the studies that do exist have minimized the significance of executive orders, viewing them as useful only for routine administrative tasks. The executive order is “limited in its scope and possibilities”; 48 “not customarily viewed as a viable tool for major policy initiatives”; 49 and “a very limited and temporary alternative for policy initiatives.” 50 Mark Peterson argues that although presidents can often use their statutory authority to get at least part of what they want when Congress is uncooperative, “the potential for unilateral action of this kind is limited.” 51



XO Politics Net Benefits: Circumvent Congress


Executive orders are the easiest way for a president to enact his policies and can circumvent congress

Cooper 2 (Phillip, Prof of Public Administration @ Portland State, By Order of the President: The Use and Abuse of Executive Direct Action)

Executive orders are often used because they are quick, convenient, and relatively easy mechanisms for moving significant policy initiatives. Though it is certainly true that executive orders are employed for symbolic purposes, enough has been said by now to demonstrate that they are also used for serious policymaking or to lay the basis for important actions to be taken by executive branch agencies under the authority of the orders. Unfortunately, as is true of legislation, it is not always possible to know from the title of orders which are significant and which are not, particularly since presidents will often use an existing order as a base for action and then change it in ways that make it far more significant than its predecessors. The relative ease of the use of an order does not merely arise from the fact that presidents may employ one to avoid the cumbersome and time-consuming legislative process. They may also use this device to avoid sometimes equally time-consuming administrative procedures, particularly the rulemaking processes required by the Administrative Procedure Act. 84 Because those procedural requirements do not apply to the president, it is tempting for executive branch agencies to seek assistance from the White House to enact by executive order that which might be difficult for the agency itself to move through the process. Moreover, there is the added plus from the agency's perspective that it can be considerably more difficult for potential adversaries to obtain standing to launch a legal challenge to the president's order than it is to move an agency rule to judicial review. There is nothing new about the practice of generating executive orders outside the White House. President Kennedy's executive order on that process specifically provides for orders generated elsewhere.

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