Unilateral action and Nigerian literature


Author: Terence Rajivan Edward
Abstract. Douglas L. Kriner raises a puzzle of why American presidents do not use unilateral action more, since it is difficult to stop or undo. Nigerian literature suggests a solution.
Draft version: Version 1 (21st April 2023).
PDF available at: https://www.academia.edu/100528032/Unilateral_action_and_Nigerian_literature

The American president takes unilateral action when he introduces a law without the approval of congress (Moe and Howell 1999). Political scientist Douglas L. Kriner finds that institutions such as courts are in a weak position when it comes to blocking such action. Nevertheless, presidents do not make much use of this means. That gives rise to a puzzle:
"However, the very weakness of these institutional constraints generates a new puzzle of its own. If Congress and the courts are all but powerless when confronting the unilateral presidency, why do presidents not act even more aggressively to pursue their policy agendas through executive action across a range of issues?" (2018: 124)
Kriner presents solutions in terms of political costs. One potential cost is that norms of reciprocity between the president and congress will be undermined, which makes future bargaining difficult. Another potential cost is that voters will regard the introduction of laws by unilateral action in a negative light.


        It is difficult for us to see what life is like as a president, but presumably he would discuss any laws he has in mind with his team. What happens if they are not very happy with taking unilateral action? This is a scene from a Nigerian novel by Flora Nwapa entitled One is Enough. The leading character works in a toilet roll company and we are told:
"Her files went missing each time she finished a job. When she learnt what was expected of her, her files no longer got lost." (1992 [1986]: 45)
Perhaps even the American president experiences strange things like that, until he learns not to propose certain options, including unilateral action. (I believe Nwapa worked for the Nigerian government. Perhaps unfairly, I suppose it would be unsurprising if she took a few files and probably governments are not that different from each other, at the end of the day. By the way, I have certainly had things go strangely missing, a message of some kind it seems/seemed.)


References
Kriner, Douglas.L. 2018. The Presidency. In Peele, G., Bailey, C.J., Herbert, J., Cain, B.E., and Guy Peters, B. (eds.), Developments in American Politics (eighth edition). London: Palgrave.
Moe, Terry M. and Howell, William G. 1999. Unilateral Action and Presidential Power. Presidential Studies Quarterly 29 (4): 850-874.
Nwapa, Flora. 1992. One is Enough. Trenton, New Jersey: Africa World Press.