Presidential management of the administrative state: the not-so-unitary executive.

Duke Law Journal, December, 2001 by Percival, Robert V.

   "I'm a little puzzled. I'm being told that I can't just make a decision and 
   have it promptly executed, that the Department can't just salute smartly 
   and go execute whatever decision I make. Why is that?" 
 
   --President George H. W. Bush (1) 

INTRODUCTION

The exigencies of the times powerfully influence conceptions of the proper scope of presidential power. In times of war or other national emergency, citizens expect strong leadership from the president in his role as commander-in-chief of the armed forces. In the wake of the September 11, 2001, terrorist attacks on the United States, presidential power is at its zenith as Congress and the public unite behind President George W. Bush's efforts to respond to the unprovoked slaughter of...