Civil Disagreements: Unitary Executive Theory

The Unitary Executive Theory: Legitimate Constitutional Theory or Path to Dictatorship?

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Article II of the U. S. Constitution provides in part that the executive power of the United States government “shall be vested” in “a President” of the United States.

On its face, this provision would seem to give the president ultimate control over the entire Executive branch, including the power to hire and fire its members for any reason or no reason at all.

Yet one of the hallmarks of the federal government in the past roughly one hundred years has been the growth with the Executive Branch of the administrative state, including administrative law judges, inspectors general, the civil service, and various commissions.

To what extent does the Constitution give the President absolute authority over such agencies and commissions, and to what extent do the Congress and the Supreme Court have power to reign the President in?

This program is part of Civil Disagreements, a debate and discussion series of timely, contentious topics sponsored by the American Bar Association Division for Public Education, American Constitution Society Chicago and Austin Chapters, Federalist Society Chicago Chapter, Reform for Illinois, Courts Matter Illinois, and the Chicago Council of Lawyers.

1 hour of CLE will be available to Illinois lawyers from Reform for Illinois. Program materials are available by clicking here.