Congressional Expectations of Presidential Self-Restraint

This Element explores how Congress has designed laws reliant on an assumption of presidential self-restraint, an expectation that presidents would respect statutory goals by declining to use their formal powers in ways that were legally permissible but contrary to stated congressional intent. Examining several laws addressing political appointments since the 1970s – statutes involving the FBI director, Office of Personnel Management director, chairman of the Joint Chiefs of Staff, director ...