CREATORS
June 30, 2026
The U.S.
Supreme Court handed supporters of the Unitary Executive Theory a huge victory.
For decades, many conservative constitutional scholars have argued that the
president should have complete control over the executive branch.
Those who
advocated for the Unitary Executive Theory argued that the executive branch of
government should have the unchecked ability to remove members of agencies like
the Federal Communication Commission (FCC), Federal Trade Commission (FTC) or
National Labor Relations Board (NLRB) and undo laws that restrict the
president's ability to make those moves.
The high
court ruled that congressional restrictions on the president's power violated
the separation of powers. Article II, Section 1 of the Constitution says,
"The executive power shall be vested in a president of the United States
of America."
The modern
push for a unitary executive gained traction during the Reagan administration.
Organizations like the Federalist Society and the Heritage Foundation began a
decades-long effort to bring the theory into the mainstream.
The debate
over executive power dates back to the Founding Fathers. In the Federalist
Papers, Alexander Hamilton argued for a strong executive leader. He asserted,
"Energy in the executive is the leading character in the definition of
good government. It is essential to the protection of the community against
foreign attacks ... (and) to the security of liberty."
The facts
at issue in the case before the Supreme Court related to a law that barred the
president from firing members of the FTC except in cases of "inefficiency,
neglect of duty, or malfeasance in office."
According
to SCOTUSblog, during his first term in office, President Donald Trump
nominated Rebecca Slaughter to fill one of the Democratic seats on the FTC. She
was renominated in 2023 to serve a second term. Last year, Slaughter was
informed that she had been "removed from the Federal Trade Commission,
effective immediately." The letter did not cite any of the legal grounds
that would allow Trump to remove her. Slaughter went to court to stop her
removal. The case made its way to the Supreme Court.
By a 6-3
margin, the justices overruled a 91-year-old decision that upheld the law
restricting presidential control over executive agencies. According to
SCOTUSblog, the Supreme Court gave President Donald Trump "sweeping new
authority over approximately two dozen multi-member agencies that Congress
intended to be independent."
This
ruling brings more room for self-dealing, favoritism and corruption, whatever
political party controls the presidency.
Cass R.
Sunstein, who once headed the White House Office of Information and Regulatory
Affairs, wrote in The New York Times, "Now that the White House is in
charge of the FCC for example, the president may reward his political friends
and punish his political enemies in ways that threaten freedom of expression
and that might not be visible to the public."
Chief
Justice John Roberts penned the majority opinion. He wrote that "the
President must have the assistance of officers he can trust ... (t)hen, and
only then, can they remain accountable to the President, and the President to
the people."
According
to The Hill, Justice Sonia Sotomayor delivered a sharp dissent. "Put
simply, today the majority reshapes our Government," Sotomayor wrote in
her 49-page dissent, joined by Justices Elena Kagan and Ketanji Brown Jackson.
She added,
"Dozens of independent commissions are now likely to become purely
executive agencies, shifting tremendous power over broad swaths of American
life into the President's hands."
The
Unitary Executive Theory lends itself to abuses of authority. As has been
demonstrated in the last 18 months, the concentration of power in a single
individual invites abuses of power, undermines legislative and judicial
independence, and puts the nation at risk of impulsive or unconstitutional
actions.
Matthew T.
Mangino is of counsel with Luxenberg, Garbett, Kelly & George P.C. His
book, "The Executioner's Toll," 2010, was released by McFarland
Publishing. You can reach him at www.mattmangino.com and follow him on Twitter
@MatthewTMangino
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