What type of study is this?

This is a Literature Review study.

September 10, 2025

The Unitary Executive Theory: An Attack on the Independence of Certain Federal Agencies or the Proper Exercise of Presidential Authority?

RHRichard J. HunterInstitute for Legal Studies JSJohn H. ShannonSeton Hall University

Key Points

The debate centers around presidential authority in removing subordinate officers without cause.
Proponents assert that the Constitution grants the President plenary removal power over executive subordinates.
Opponents argue that independent agencies are essential for societal protections and should only be removable for cause.
Several Supreme Court opinions provide insights into the constitutional implications of unfettered executive authority.

Abstract

The assertion by President Donald J. Trump of authority to remove certain subordinate executive officers “without cause” has sparked a constitutional debate that literally began in 1789 at the founding of the Republic and has carried on until the present. Proponents of the doctrine of a “unitary executive” claim that the Constitution created a system of separated powers in which the President possesses plenary removal power, affording the President with “exclusive and total control” over all subordinates in the executive branch. Opponents cite the necessity of truly “independent agencies” designed for societal protections whose members are above politics and who can only be removed “for cause.” This paper explicates these issues in light of several Supreme Court opinions and offers examples of the constitutional and practical dangers associated with unfettered executive authority, as well as providing arguments in support of the doctrine.

Ask AI

Helpful

Bookmark

View Full Paper