The Muscular Presidency and Executive Orders: The Challenge for Centralized Regulatory Review

Three recent Presidents, George W. Bush, Barack Obama and Donald Trump have utilized to the fullest the issuance of Executive Orders to implement their programs. There is a significant likelihood that the use of Executive Orders will continue to increase, probably at a rate considerably greater than most observers realize.

The Presidency is not subject to the Administrative Procedure Act, nor should it be; but what is the role of centralized regulatory review, the review of “regulations” by OMB, in this emerging environment? There is no demonstrable database that suggests that  OIRA has been the given the  opportunity to review Executive Orders before they are released.

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