Understanding the Unitary Executive Theory in U.S. government

Unitary Executive Theory is a Constitutional law theory according to which the President of the United States has sole authority over the Executive Branch.

The theory often comes up in jurisprudential disagreements about the President’s ability to remove employees within the Executive Branch, transparency and access to information, discretion over the implementation of new laws and the ability to influence agencies’ rule-making.

ASU Law professor Paul Bender and attorney Stephen Montoya of Montoya, Lucero and Pastor joined “Arizona Horizon” to discuss unitary executive theory.

The theory is specific however it makes sense because “initially, the founders were considering a panel of executives, maybe two or three or four and they ultimately decided on one,” Montoya said.

Bender brought up a question regarding President Trump’s actions, how far will the court “go in letting him depart from the traditional limits that people have reserved on executive power?”

Montoya said that any current president needs to execute the rules passed by Congress “faithfully,” Bender also commented that a current problem is “finding what the will of Congress is.” He also said the president has been the only one taking charge lately which will not work due to the necessary work done within the three branches of government.

“I think it is clear that the majority of the court does subscribe to a large degree with the unitary executive theory,” Montoya said.

That potential agreement would mean President Trump would have to fire all of the executive branch and re-appoint those fired with Congress’ approval and there are limitations. For example, the Supreme Court has already stated the Federal Reserve is not to be touched, according to Montoya.