This paper proceeds in four parts. Part I. maps the powers of the various branches over the FDA. Part II. describes the Clinton administration’s tobacco regulation. Part III. analyzes the repercussions of the failed lawsuit, and Part IV., the conclusion, peaks at the new Bush administration and suggests reasons why Bush would be wise to adopt Clinton’s style of presidential lawmaking through the FDA (and other agencies) so long as such action has been reasonably delegated to the agency
