Unitary executive theory

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The unitary executive theory is a theory of United States constitutional law holding that the president, as head of the federal government's executive branch, must retain sole authority over executive administration and officials, structurally centralizing control within a unified hierarchy. Weaker formulations are less controversial than maximalist versions, which face constitutional and practical criticism. During the Reagan era, conservative organizations, including the Federalist Society and the Heritage Foundation, and some Supreme Court justices, most notably Antonin Scalia, began favoring the theory. The Constitution, Article I, including the Necessary and Proper Clause, authorizes Congress to enact statutes, some of which create offices and structure the administrative state, while Article II vests executive power in the president. The scale and complexity of enforcement have created a professionalized administrative bureaucracy. Proponents of the unitary executive theory say the...

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