Administrative "Interpretation" as Policy-Making

An Abuse of Discretion by Presidential Administrations

Bibliographic Data

ID12450792
AuthorsLarry S Luton (Eastern Washington University, corresponding author)
Year2009
Volume31
Issue4
Pages556-576
Publication date2009-12-01
Peer ReviewedYes
Open AccessNo
TypeARTICLE
VenueAdministrative Theory & Praxis (JOURNAL)
Journal identifiersISSN: 1084-1806 • E-ISSN: 1949-0461
PublisherTaylor & Francis (PUBLISHER • GB)
DOI10.2753/atp1084-1806310406
OpenAlexW2047686844
LanguageEN
Citations received2
References cited7

Because it is more difficult to get new statutes passed or to amend statutes that have been adopted, presidential administrations may resort to adopting new "interpretations" of statutes in order to further their policy agendas. In the literature, this strategy has often been among those included within "the administrative presidency." Since the Nixon administration, the administrative presidency approach has become an accepted and expected part of a president's strategy for furthering his administration's policy goals. This article reviews Supreme Court cases that illustrate how the two most recent presidential administrations have abused this approach to policy transformation and suggests that among the longer-term impacts of such abuse may be the undermining of the U.S. Constitution, the delegitimization of administrative law, and a loss of social trust

Administration (probate law · Administrative law · Constitution · Interpretation (philosophy · Political science · Politics · Presidency · Presidential system · Statute · Supreme court · Academic Freedom and Politics · American Constitutional Law and Politics · Judicial and Constitutional Studies · Law · Public Administration

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