In deciding how to exercise power via Executive Orders, US Presidents appeal to Congress only if it can be united

Bailey, J. D. & Rottinghaus, B. (2014). In deciding how to exercise power via Executive Orders, US Presidents appeal to Congress only if it can be united.
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Recent months have seen Republican attacks on President Obama, accusing him of presiding over an ‘imperial presidency’, but to what extent do presidents actually operate completely outside of Congress’ powers? By looking at 5,000 executive orders issued by presidents over the last 80 years Jeremy D. Bailey and Brandon Rottinghaus find that when issuing these orders, presidents tend to appeal back to Congress when the majority party is strong, and act unilaterally when the majority is weak and divided.

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