Thursday, January 12, 2006

The Unitary Executive

Do you wonder what that means? That's OK. Do you not really want to know? You must be a Senator.

For the rest of us, Ronald Cass on RealClearPolitics clears things up nicely.
Of course, the theory of the “unitary executive,” as Judge Alito has explained ad nauseam, has nothing at all to say about the scope of executive power. It has nothing to say about how that power is granted or how it is checked.

Instead, the theory says that “the executive power shall be vested in the President of the United States.” Those are, in fact, the words of the first clause in Article II of the Constitution. This means that the President is in charge of the executive branch and that executive power is to be given to people who work for – and are in important ways controlled by – the President. This means that Congress can’t pass a law, even with the President’s approval, giving executive authority to people who work for Congress or for the courts.

1 Comments:

Anonymous Anonymous said...

the npr coverage of these hearings is pretty fascinating; the commentary at the end of the day has the npr news people continually stumbling glumly through phrases such as, "it looks like the democrats just aren't going to find anything to get him... er, that is, it appears that boring is good when it comes to supreme court judicial nominees." and then a reference to "senator schumer's aggressive questioning--uh, which is certainly not out of line, and is quite acceptable--..." pretty funny.

10:56 AM, January 12, 2006  

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