New theory explains presidential use of executive orders. It argues that divided government and ideological differences matter less when a capable Congress can constrain the president.

We show that legislative capacity has changed over time – low before mid-1940s, high afterwards.

Findings:

Presidents issue more orders during divided governments when* Congress lacks capacity (pre-mid 1940s).

* In later periods with strong Congressional capacity, ideological divides and divided government have less impact on unilateralism.

Data & Methods:

Basing our analysis on institutional changes between 1905-2013. We used regression discontinuity design to test how legislative capacity thresholds affect presidential action.

This work deepens understanding of separation-of-powers politics and executive power limits.