Author

Meghan Keough

Date of Award

Spring 2020

Degree Name

Bachelor of Science (BS)

Advisor(s)

Stan Veliotis

Abstract

This paper explores the scope of presidential powers with a particular focus on executive actions related to tax policymaking, contrasting President Donald Trump's actions with historical precedents. Trump's presidency has been marked by significant claims of "total authority" and an intent to expand the use of executive power beyond traditional bounds, particularly in areas like national defense, healthcare, and immigration. A specific instance examined is his proposal to adjust capital gains taxation, which mirrors a similar but ultimately unimplemented proposal from President George H.W. Bush's administration. The analysis assesses the implications of such executive actions, particularly their budgetary impacts compared to those in other policy areas. While most executive orders have been found to have minimal budgetary effects, the proposed tax changes suggested by Trump could have marked fiscal consequences, highlighting the distinctive nature of executive action in tax law compared to other sectors. This inquiry not only contributes to the understanding of executive power's reach but also underscores the unique challenges and considerations in applying unilateral presidential actions to tax policy. Overall, the paper illuminates the complexities and potential overreach of presidential powers while offering new insights into the relatively underexplored area of executive action's budgetary impacts, particularly in the context of tax law. This research serves as a crucial addition to the discourse on the separation of powers and the checks and balances essential in U.S. governance.

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