The Historical Presidency
The Development of Unilateral Power and
the Problem of the Power to Warn:
Washington through McKinley
JEREMY D. BAILEY
BRANDON ROTTINGHAUS
University of Houston
The scholarly turn to the unilateral presidency has expanded our understanding of the
presidency and executive power, but, to date, this body of work has focused on presidents since the
New Deal. This is somewhat surprising, given that many of the most well-known unilateral
orders were issued before 1900. Rather than being isolated events, they are part of a longer
list of unilateral presidential orders among early presidents that, as a group, have received little
scholarly attention. This article seeks, first, to introduce “settle down” proclamations (which are
issued as warnings to the public) issued by presidents before Theodore Roosevelt as a way to
further understand the development of executive power in the early presidency. Second, it uses
these proclamations to test whether the findings of the unilateral presidency scholarship hold
with respect to unilateral power before the twentieth century. The article concludes by comparing
unilateral power to prerogative power and proposing a path for future research.
Now, Therefore, I, John F. Kennedy, President of the United States, under and by virtue of
the authority vested in me by the Constitution and laws of the United States, including
Chapter 15 of Title 10 of the United States Code, particularly sections 332, 333 and 334
thereof, do command all persons engaged in such obstructions of justice to cease and desist
therefrom and to disperse and retire peaceably forthwith.
—Proclamation #3497, 1962
Jeremy D. Bailey is author of Thomas Jefferson and Executive Power and is now completing a coauthored
book on the removal power. His articles on the early presidency and executive power have been published in a variety of
journals.
Brandon Rottinghaus is associate professor and Senator Don Henderson Scholar at the University of Houston. He
is author of The Provisional Pulpit and codirector of the Presidential Proclamations Project.
AUTHORS’ NOTE: We would like to thank Tom Langford for expert editorial guidance and the National
Science Foundation (SES-1237627) for generous funding.
Presidential Studies Quarterly 43, no. 1 (March)
186
© 2013 Center for the Study of the Presidency