Befuddling Executive Power with Executive Unilateralism in the Unitary Executive

Abstract

Previous studies dwell on either how the U.S. Constitution supposedly envisions the conduct of policymaking between the president and Congress, or why the executive branch persistently outmaneuvers Congress. Yet insufficient attention is paid to the fact that the unitary executive is for the purpose of exacting collective decision-making between the two branches of government. This paper is a preliminary endeavor to put American presidency in perspective. In outlining the constitutional foundation of the unitary executive theory, I trace the sources of executive power in the context of separation of powers, and checks and balances as its functional mechanism. Then, I look into the evolving conduct of modern presidents to explore how executive power is often befuddled with executive unilateralism ever since America was built on the principle of presidentialism. By illuminating how some entrepreneurial presidents managed to expand their claims on prerogative powers, I argue that the precedents set by their predecessors in combination with their use of rhetoric unwittingly enable them to justify executive unilateralism at times. I conclude by stipulating whether Barack Obama can overcome the presidency of George W. Bush, by constructing his own version of the unitary executive yet refraining from the entrapment of executive unilateralism.