Unitary Executive Theory
The Unitary Executive Theory is a controversial theory of the interpretation of the constitution regarding the aspects of the separation of powers. Vesting Clause of the Article II states “The executive power shall be vested in a president of the US of America”.
The theory argues for the strict limits to the power of congress to divest the President of control of the executive branch. This implies that the power of congress is limited when it comes to the removal of executive officers or agencies from the president’s control. Supporters of the theory argue all of the executive power is possessed by the President which makes him in control of all the officers and agencies of the executive branch. Thus this also means that no independent agencies and counsels can be constitutional to the extent of exercising discretionary executive power, which is not controlled by the President.
Interpretation of theory by the G.W Bush administration has been more expansive than previous administration. Bush administration views are considered consistent to those promulgated by John Yoo. John Yoo is a professor of law and worked with the Department of Justice`s Office of Legal Counsel under Bush from 2001-2003. His views include that the president`s decision of use of military force is a unreviewable matter just as it is in the matters of Presidential vetoes and pardons. However these views are looked upon with much skepticism as they seem to have little basis in the text or the history of constitutional law and are contrary to the understandings of majority of legal scholars.
David Addigton, counsel to the Vice President Dick Cheney supports Yoo position. He advocates for adding a new paradigm which calls for flexibility of president powers.
Exercising the use of this theory, President Bush has signed statements in a wide range of issues detailing how the legislation should interpret legislation. Bush had issued 435 signed statements in his first term alone which alone is more than the combined numbers of all the signed statements issued by all previous presidents of US.
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