Delegation or Unilateral Action

Abstract

Unilateral presidential actions often face implementation problems in the executive branch. I argue these actions are better studied as delegation. I model the conditions under which a president is likely to delegate and provide discretion to subordinates either insulated or uninsulated from their control. I find legislators benefit from agency discretion when presidents pursue policymaking in the executive branch. The threat of legislative sanction induces agents to deviate from presidential priorities, and inter-branch disagreement increases bureaucratic non-compliance in insulated agencies. Nonetheless, in equilibrium, the president is more likely to delegate to insulated agents. Ultimately, the model demonstrates how the politics of direct action are influenced by the need for bureaucratic cooperation. Case studies on US presidential directives mandating public funding of gun violence research and security reforms at government facilities illustrate key features of the model.