. . . The unitary executive theory is a constitutional legal theory asserting that the U.S. President has sole, complete authority over the executive branch. While the Constitution clearly establishes a single president rather than a committee, supporters of the theory argue it also grants the president expansive powers to control or remove subordinate officials without interference from Congress. Critics contend this view disregards constitutional checks and balances.
. . . Proponents trace the theory to Article II of the Constitution, particularly the Vesting Clause and the Take Care Clause.
Debate exists on the theory's application, including the president's power to remove executive officials and the status of independent agencies. The Supreme Court's stance has shifted, from supporting presidential removal power in Myers v. United States to allowing Congress to limit it for some independent agencies in Humphrey's Executor v. United States. More recent cases, like Seila Law LLC v. Consumer Financial Protection Bureau (2020) and Collins v. Yellen (2021), have leaned towards the unitary executive perspective by deeming some limits on presidential removal power unconstitutional. The Court may revisit Humphrey's Executor precedent.
