Since I have been watching and researching our government, over the last 50 years, I have always thought that the 3 equal branches of government was a pretty good way for this country to be controlled…..but since the election of Trump it has been moving to what could only be called a “Unitary Executive” form of government….
That term may have a confusion factor built in so I shall do what I always try to do…..explain and define….
This theory holds that Congress cannot limit the president’s control of the executive branch because the Constitution sets up a hierarchical system whereby the president has the most power. Supporters argue that Congress can’t set up independent executive agencies and counsels that aren’t controlled by the president. Moreover, different parts of the executive branch can’t sue each other because it would be a violation of separation of powers for the courts to intervene in such disputes.
Sounds a bit imperial to me……
Let’s look a bit deeper into this……https://www.thoughtco.com/unitary-executive-theory-the-imperial-presidency-721716
What is the bottom line…..
Those making originalist claims bear a burden of proof to show a clear public meaning circa 1787. For those claiming that Article II requires presidential removal at will, this burden is especially difficult in the face of textual silence, more than a century of legislative practice and almost a century of judicial precedent. First and most fundamentally, this new historical evidence and interpretation show that it has been an error to rely on the Decision of 1789 to overcome the Federalist essays by both Madison and Hamilton. Second, the evidence from 1789 actually points in the opposite direction, a decision against unitary structures.
There are several immediate ramifications of this. It is important to recognize that the key precedents for presidential removal power rely on historical errors. One can still construct a presidential removal power from a structural argument, the Vesting Clause, and the Take Care Clause. But this more open-ended basis of removal means a less formal rule of separation of powers, with more balance with other constitutional texts and values: the Necessary and Proper Clause, the “faithful execution” clauses, and the fundamental principle of checks and balances. The convention, the ratification, and the first Congress all show that Congress has the power to set reasonable conditions on presidential power—so long as they do not functionally undermine a president’s ability to execute the laws. Under this reasoning, for example, entrenching a bureaucracy in order to obstruct an incoming administration—like a Midnight Judges Act of 1801 but for the administrative state, to create something like a deep state or deeply burrowed state—could be an unconstitutional intrusion on the executive power.
To be fair I will give the opposing theory from the Conserv publication Reason…..
If there is one thing that most conservative and libertarian originalists agree on, it is that executive power under the Constitution must be “unitary.” That doesn’t necessarily mean that the president’s power is unlimited, or even particularly broad. It does mean that whatever authority the executive has must be controlled by the president. He is free to hire, fire, and issue orders to all other executive branch officials, as he sees fit—except in a few cases specifically noted in the Constitution, such as the requirement of Senate confirmation for cabinet officers. This issue came up recently when the Senate Judiciary Committee voted to approve a bill that would protect special Counsel Robert Mueller from being fired by President Donald Trump—the man whose activities and assciates Mueller is charged with investigating. The bill passed the Committee by a 14-7 vote. But several GOP senators—including some, like Ben Sasse, who are no fans of Trump—voted “no,” citing constitutional considerations based on unitary executive theory.
In this era of Trumpism most of the traditional theories are but a moot point.
In closing a quote from Hannah Arendt…..
I Read, I Write, You Know
“lego ergo scribo”