Unitary executive theory

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The unitary executive theory is a controversial legal theory in United States constitutional law which holds that the president of the United States possesses the power to control the entire federal executive branch.

The doctrine interprets a part of Article Two of the United States Constitution, which vests "the executive Power" of the United States in the president, to make the case for expanded power, though other clauses within the Constitution such as the Opinions Clause and the Necessary and Proper Clause have been cited to contradict the unitary executive theory.^[1][2] The President of the United States has exercised significant authority over the executive branch, with some exceptions, including independent agencies such as the Federal Reserve, and independent personnel such as special counsels.^[1][2] These limits on unitary executive power have been created by Congress or by Supreme Court decisions. Since the founding of the country, positions independent of the executive have included Comptroller, Postmaster General and the Sinking Fund Commission.^[2][1] More recent Republican presidential administrations have been the most aggressive to expand presidential powers, most notably the Reagan administration, the post 9/11 George W. Bush administration, and the Trump administration.

Examples of similar theories in practice can be seen in backsliding democracies where they are often described as a form of executive aggrandizement. The experience of similar reforms in former democracies strongly suggests that creating a unitary executive paves the way for autocracy.^[3] In the United States, no state governments have implemented such a theory.

The theory has received substantial criticism, including as a "quasi legal doctrine"^[4], "laughable"^[5], and "a defining characteristic of autocracy."^[6]