Advantages Of The Unitary Executive Theory

The Unitary Executive Theory is an interpretation that the President is the sole authority of the Executive Branch. The Founders of the nation decided that a unitary executive to be the preeminent choice rather than a plural executive or committee system. This is not a collectively held theory as many believe that the powers expressed from this theory to be excessive and that congress has the authority to hold presidential power in check due to the checks and balances system. Supporters of the theory use Article II Section 1 and 3 of the United States Constitution to justify these broad presidential powers. Article II Section I states “The Executive Power shall be vested in a President of the United States of American.” Section 3 reads “he shall take care that the Laws be faithfully executed, and shall commission all the Officers of the United States.”1 These statements provide evidence for those who support the theory that a single power holds complete authority of the executive branch. There are many advantages to the theory. If a president is not happy with the speed or progress of an issue before congress he can decree by executive order and bypass congress altogether. He may also make recess appointments to fill positions with someone that has little
chance of being conferred by congress. Presidents Bush and Obama have used this authority on multiple occasions in recent times. One other tool the President has is the “presidential signing statement.” This is an action where the president signs a bill into law and states precisely what parts he intends to upkeep. For those who oppose the unfettered presidential power of the theory it is sensed that its use is an abuse of power, and there are many areas of concern regarding its use.
Many presidents have used the unitary executive theory perceived powers to achieve their agenda. President Clinton used his powers to push through his support of a line-item veto which was passed by congress, but was later found unconstitutional. Franklin Roosevelt used executive action to send Japanese-Americans to internment camps during the Second World War. Richard Nixon also used perceived powers under the unitary executive theory to fire special prosecutor Archibald Cox during the Watergate cover-up
investigation. President Obama has used executive action recently to move forward his immigration agenda. He held his executive order was justified because congress was dragging its feet and he could no longer wait. This order has been held up in court recently and most likely will be settle in the Supreme Court. He has also hinted at executive action to push through gun control as well. For those who agree with the use of these powers all is fair when justifying the means to get to the end results they seek. Other see bypassing legislation from Congress as abuse of power and the will of the people whom they represent. President Bush used many executive orders to further his agenda as well. Democrats called him an “Imperial President” and were highly critical of his abuse of power. These same Democrats remain silent when President Obama uses the same actions they denounced and Republicans are now the ones crying foul. As long as the two parties continue to bicker there is little chance of anything getting done for the American people.