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26 American J. Crim. Just. 1 (2001-2002)

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                  EXECUTIVE ORDERS:
   Symbolic Politics, Criminal Justice Policy,
            and   the   American Presidencyt

                     WILLARD M. OLIVERtt
                          Radford  University

   ABSTRACT:   The theory of symbolic politics is used to examine presidential ex-
   ecutive orders related to criminal justice policy. It is hypothesized that presidents
   use executive orders to make more of a symbolic, rather than a substantive, state-
   ment. Data were collected from the National Archives and Records Administra-
   tion on all presidential executive orders from the first Eisenhower administration
   (1953) through the last Clinton administration (2001). A content analysis of presi-
   dential executive orders related to crime and justice offers partial support for the
   claim that presidents use these executive orders primarily for evoking symbols.

   the  reach  of the federal government's power  in law enforce-
   ment   does not penetrate to the state and local level . .. where
   most   of the 'street crime' people we're afraid of existed. The
   federal  government   simply did not have the machinery  or au-
   thority  to deal with crime in America outside of the District of
     Columbia  ... in the rest of America, the only thing we could
     do was to exercise vigorous symbolic leadership.
        -Donald   Sanatarelli, Associate Deputy Attorney  General
                                           under  President Nixon


                         INTRODUCTION
     Over the past forty years, American  presidents have  increasingly
focused  their administrative resources in the area of criminal justice
policy (Calder, 1978, 1993; Caplan, 1973; Cronin, Cronin, & Milakovich,
1981; Dilulio, Smith, &  Saiger, 1995; Finckenauer, 1978; Potter  1998;
Scheingold, 1995). The  presidents have created crime commissions,  de-
livered anti-crime speeches, proposed  new criminal legislation, and is-
sued executive orders related to crime (Marion, 1994a; Oliver, in press).
A  portion of the president's activity related to crime has been to gener-

     t The author would like to thank Dr. Matthew J. Franck for his review of an earlier
draft of this paper and the anonymous reviewers for sharing their helpful comments.
    tt Direct all correspondence to: Willard M. Oliver, Radford University, Criminal Jus-
tice Department, P.O. Box 6934, Radford, VA 24142. E-mail: woliver@radford.edu.

AMERICAN JOURNAL OF CRIMINAL JUSTICE, Vol. 26 No. 1, 2001
© 2001 Southern Criminal Justice Association