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cowlevel • yesterday at 7:59 PM • 1 reply • view on HN

As I understand it, under the "unitary executive theory" the executive can legally do whatever it wants.


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rayiner • yesterday at 8:12 PM

No, the executive can’t do whatever it wants. But if the executive can do it, then the President must be able to do it. In principle you can have a unitary executive that’s also very weak.

The first line of Article II says: “The executive Power shall be vested in a President of the United States of America.” The first three articles all start with a similar line. For the legislature and Supreme Court, everyone understands that the powers of those branches can only be exercised by the constitutionally designated actors. Congress can’t create a law that creates bodies within the judiciary staffed by employees that exercises power independently of Article III judges. Similarly, Congress can’t create independent agencies within the executive that can exercise executive power independently of the President.

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