Sunday, August 17, 2025

Unitary Executive Power under Art.II

 For an excellent analysis of the unitary executive rule of Art. II, see Jack Goldsmith,  Maximum Executive Power and the Fate of the Unitary Executive: Link

 Here is a money quote:

 That conception has four related tenets: (a) the Constitution vests all of the Executive power in the president; (b) all subordinate executive branch officials are removable at will by the president; (c) the president’s Article II duty to “take Care that the Laws be faithfully executed” entails an exclusive presidential power to decide which laws to enforce or not to enforce; and (d) the president can thus direct and control all subordinate executive officials.