The controversial idea of the “unitary executive” in which all executive power is vested in the President of the United States may be a coherent legal theory. But in reality, things don’t happen within the executive branch simply because the President commands them. In practice, what we have is a “fragmentary executive” the efficacy of which is entirely dependent on the competence and the good faith of thousands of officials who must consciously choose to implement the declared policies of the Administration.
With that in mind, it is noteworthy that the Secretary of Energy, Steven Chu, reiterated and endorsed the President’s Freedom of Information Act policy in a memorandum (pdf) to senior Energy Department officials this month.
“All DOE employees have the responsibility to ensure the success of the agency’s FOIA program,” Secretary Chu wrote. “We can no longer use competing agency priorities and insufficient technological support as a basis for not responding to requests expeditiously. DOE employees should no longer view FOIA as an additional duty. It is your responsibility to ensure that FOIA requests are responded to in a timely manner.”
“I want to make it clear that DOE will adhere to the President’s and Attorney General’s guidance,” Secretary Chu concluded. See “Freedom of Information Act,” memorandum for heads of departmental elements from Energy Secretary Steven Chu, June 5, 2009 (thanks to nukewatch.org).
No one will be surprised if we end up with a continuing resolution to push our shutdown deadline out past the midterms, so the real question is what else will they get done this summer?
Rebuilding public participation starts with something simple — treating the public not as a problem to manage, but as a source of ingenuity government cannot function without.
If the government wants a system of learning and adaptation that improves results in real time, it has to treat translation, utilization, and adaptation as core functions of governance rather than as afterthoughts.
Coordination among federal science agencies is essential to ensure government-wide alignment on R&D investment priorities. However, the federal R&D enterprise suffers from egregious siloization.