The Unitary Executive Theory: A Danger to Constitutional Government
“I have an Article II,” Donald Trump has announced, citing the US Constitution, “where I have the right to do whatever I want as president.” Though this statement would have come as a shock to the framers of the Constitution, it fairly sums up the essence of “the unitary executive theory.” This theory, which emerged during the Reagan administration and gathered strength with every subsequent presidency, counters the system of checks and balances that constrains a president's executive impulses. It also, the authors of this book contend, counters the letter and spirit of the Constitution.

In their account of the rise of unitary executive theory over the last several decades, the authors refute the notion that this overweening view of executive power has been a common feature of the presidency from the beginning of the Republic. Rather, they show, it was invented under the Reagan Administration, got a boost during the George W. Bush administration, and has found its logical extension in the Trump administration. This critique of the unitary executive theory reveals it as a misguided model for understanding presidential powers. While its adherents argue that greater presidential power makes government more efficient, the results have shown otherwise. Dismantling the myth that presidents enjoy unchecked plenary powers, the authors advocate for principles of separation of powers—of checks and balances—that honor the Constitution and support the republican government its framers envisioned.

A much-needed primer on presidential power, from the nation’s founding through Donald Trump’s impeachment, The Unitary Executive Theory: A Danger to Constitutional Government makes a robust and persuasive case for a return to our constitutional limits.
1136925312
The Unitary Executive Theory: A Danger to Constitutional Government
“I have an Article II,” Donald Trump has announced, citing the US Constitution, “where I have the right to do whatever I want as president.” Though this statement would have come as a shock to the framers of the Constitution, it fairly sums up the essence of “the unitary executive theory.” This theory, which emerged during the Reagan administration and gathered strength with every subsequent presidency, counters the system of checks and balances that constrains a president's executive impulses. It also, the authors of this book contend, counters the letter and spirit of the Constitution.

In their account of the rise of unitary executive theory over the last several decades, the authors refute the notion that this overweening view of executive power has been a common feature of the presidency from the beginning of the Republic. Rather, they show, it was invented under the Reagan Administration, got a boost during the George W. Bush administration, and has found its logical extension in the Trump administration. This critique of the unitary executive theory reveals it as a misguided model for understanding presidential powers. While its adherents argue that greater presidential power makes government more efficient, the results have shown otherwise. Dismantling the myth that presidents enjoy unchecked plenary powers, the authors advocate for principles of separation of powers—of checks and balances—that honor the Constitution and support the republican government its framers envisioned.

A much-needed primer on presidential power, from the nation’s founding through Donald Trump’s impeachment, The Unitary Executive Theory: A Danger to Constitutional Government makes a robust and persuasive case for a return to our constitutional limits.
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The Unitary Executive Theory: A Danger to Constitutional Government

The Unitary Executive Theory: A Danger to Constitutional Government

The Unitary Executive Theory: A Danger to Constitutional Government

The Unitary Executive Theory: A Danger to Constitutional Government

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Overview

“I have an Article II,” Donald Trump has announced, citing the US Constitution, “where I have the right to do whatever I want as president.” Though this statement would have come as a shock to the framers of the Constitution, it fairly sums up the essence of “the unitary executive theory.” This theory, which emerged during the Reagan administration and gathered strength with every subsequent presidency, counters the system of checks and balances that constrains a president's executive impulses. It also, the authors of this book contend, counters the letter and spirit of the Constitution.

In their account of the rise of unitary executive theory over the last several decades, the authors refute the notion that this overweening view of executive power has been a common feature of the presidency from the beginning of the Republic. Rather, they show, it was invented under the Reagan Administration, got a boost during the George W. Bush administration, and has found its logical extension in the Trump administration. This critique of the unitary executive theory reveals it as a misguided model for understanding presidential powers. While its adherents argue that greater presidential power makes government more efficient, the results have shown otherwise. Dismantling the myth that presidents enjoy unchecked plenary powers, the authors advocate for principles of separation of powers—of checks and balances—that honor the Constitution and support the republican government its framers envisioned.

A much-needed primer on presidential power, from the nation’s founding through Donald Trump’s impeachment, The Unitary Executive Theory: A Danger to Constitutional Government makes a robust and persuasive case for a return to our constitutional limits.

Product Details

ISBN-13: 9780700630042
Publisher: University Press of Kansas
Publication date: 11/30/2020
Pages: 216
Product dimensions: 5.90(w) x 8.90(h) x 0.70(d)

About the Author

Jeffrey Crouch is assistant professor of American politics at American University.

Mark J. Rozell is dean of the Schar School of Policy and Government at George Mason University where he holds the Ruth D. and John T. Hazel chair in public policy.

Mitchel A. Sollenberger is professor of political science at the University of Michigan-Dearborn.

Table of Contents

Acknowledgments

Introduction: A Flawed Theory with Dangerous Consequences

-Sanctuary Cities

-Travel Ban

-China Trade Policy

-The Unitary Executive Theory: Overview

1. Presidential Power and the Unitary Executive Theory

-Literalist Theory

-Presidential Prerogative: “Life and Limb” Theory

-Stewardship Theory

-Origins of the Unitary Executive Theory

-Weak Versus Strong Theories

-Textual Elements of the Unitary Executive Theory

-Unitary Executive Advocates Versus Critics

2. Domestic Powers: Part I

-Discretionary and Ministerial Duties

-Discretionary Duties and the Limits of Presidential Control

-Presidential Power: Departments and Bureaus

-Executive Orders

-Signing Statements

-Federal Executive Clemency: The President’s Power to Pardon

-Conclusion

3. Domestic Powers: Part II

-Appointments

-Myers v. United States: Removals and Statutory Qualifications

-Independent Counsel and the Removal Power

-Conclusion

4. Domestic Powers: Part III

-The Legislative Veto

-Presidents and Agency-Level Rulemaking

-Reigning in the President’s Czars

-Executive Privilege: Constitutional, Yet Limited

-Conclusion

5. Foreign Affairs Powers: Part I:

-The Unitary Executive and the Commander-in-Chief Clause

-The Declare War Clause: A Hollow Legislative Power?

-Legal Obfuscation to Take Unitary Action

-An Emergency Presidential Power?

-“Sole Organ” Doctrine

-Conclusion

6. Foreign Affairs Powers: Part II

-Military Commissions and Habeas Corpus

-Foreign and Domestic Surveillance

-Torture

-Extraordinary Rendition

-State Secrets Privilege

-Conclusion

Conclusion

-Domestic Powers

-Foreign Affairs Powers

-Our Model: How Government Should Function

-Going Forward

Notes

Index

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