2020
DOI: 10.2139/ssrn.3530125
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Constraining the Statutory President

Abstract: When agencies make decisions that are binding on the public, they must provide public notice, accept and consider public comments, and provide explanations for their final decisions. Their actions are then subject to judicial review to ensure that they acted within the scope of their authority and the decision was not arbitrary or capricious. The President, however, is not subject to such constraints, even when exercising purely statutory authority, i.e., acting as the "Statutory President." That autonomy is d… Show more

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