Saturday, October 11, 2008

The Latest Swipe at the Unitary Executive

Consider this required reading. It briefly defines the theory of the unitary executive, how tit has evolved, the constitutional problems it posses ( as well as the sources of its appeal) and demands that the candidates make statements regarding their opinions on it.

Consider the unitary executive as an executive with unchecked powers. An excerpt from the article:

Plenty of presidents have worked to increase presidential power over the years, but the theory of the unitary executive, first proposed under President Reagan, has been expanded since then by every president, Democrat and Republican alike. Reagan's notion was that only a strong president would be able to dramatically limit big government. Perhaps drawing on a model for unitary corporate leadership in which the CEO also serves as chairman of the board, the so-called unitary executive promised undivided presidential control of the executive branch and its agencies, expanded unilateral powers and avowedly adversarial relations with Congress.

In the years that followed, Heritage Foundation and Federalist Society conservatives worked to provide a constitutional cover for this theory, producing thousands of pages in the 1990s claiming -- often erroneously and misleadingly -- that the framers themselves had intended this model for the office of the presidency.

Unitarians (for lack of a better word) want to expand the many existing uncheckable executive powers -- such as executive orders, decrees, memorandums, proclamations, national security directives and legislative signing statements -- that already allow presidents to enact a good deal of foreign and domestic policy without aid, interference or consent from Congress. Ardent proponents even insist that there are times when the president -- like a king -- should operate above the law.


The anti-federalists were suspicious that the very creation of a single executive would lead to the eventual expansion of the presidents into a military king, who would claim powers above the law. Were they correct?