Unitary executive theory

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In American law, the unitary executive theory is a Constitutional law theory according to which the President of the United States has sole authority over the executive branch.^[1] It is "an expansive interpretation of presidential power that aims to centralize greater control over the government in the White House".^[2] The theory often comes up in jurisprudential disagreements about the president's ability to remove employees within the executive branch; transparency and access to information; discretion over the implementation of new laws; and the ability to influence agencies' rule-making.^[3] There is disagreement about the doctrine's strength and scope, with more expansive versions of the theory becoming the focus of modern political debate. These expansive versions are controversial for both constitutional and practical reasons.^[4][5][6] Since the Reagan administration, the Supreme Court has embraced a stronger unitary executive, which has been championed primarily by its conservative justices, the Federalist Society, and the Heritage Foundation.^{[7][8][9][10]}

The theory is largely based on Section 1 of Article Two of the United States Constitution,^[11] which vests "the executive Power" of the United States in the president.^[12][13] Critics debate over how much power the vesting clause gives a president,^[14][15] and emphasize other clauses in the Constitution that provide checks and balances on executive power. For instance, some argue that the Commander in Chief Clause would be rendered effectively redundant if the founders intended the wording to be interpreted as a unitary executive.^[16] Others argue that even the King of Great Britain at the time of the founding did not have the unitary control that some proponents argue he had when justifying an expansion of presidential power.^[17] In the 2020s, the Supreme Court has held that, regarding the powers granted by the vesting clause, "the entire 'executive Power' belongs to the President alone".^[18][19]

Since its inception, the President of the United States has exercised significant authority over the executive branch, with some exceptions, including independent agencies such as the Federal Reserve, and independent personnel such as special counsels.^{[20][verification needed]} These limits on unitary executive power can be created by the legislative branch via Congress passing legislation, or by the judicial branch via Supreme Court decisions. Since the founding of the country, positions independent of the executive have included Comptroller, Postmaster General, and the Sinking Fund Commission.^[20] The Reagan administration, including the justices it appointed to the Supreme Court, was the first presidential administration to cite unitary executive theory.^[21] It then entered public discourse with the George W. Bush administration and found a strong advocate in Donald Trump.^[22] Presidents of both parties tend to view the idea that they should have more power more favorably when in office.^[22]

Beyond disputing its constitutionality,^{[23][24][25][16]} common criticisms include the ideas that the theory could lead to poor outcomes, including more corruption and less qualified employees.^[26][27][28] Some critics point to countries where similar changes to a more unitary executive have resulted in democratic backsliding,^{[29][30][31][32]} or to the vast majority of democracies (including U.S. states and local governments) that give their executive leader less power.^{[33][31][34][35]}