We the People Executive Authority: Presidential Power From America’s Founding to Today
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Jun 12, 2025 Saikrishna Prakash, a law expert from the University of Virginia, and Gillian Metzger, a scholar at Columbia Law School, delve into the evolution of presidential power from the Founding Fathers’ intentions to modern interpretations. They debate the unitary executive theory and its implications for independent agencies. The discussion highlights historical tensions between Congress and the presidency, exploring how recent court rulings, including cases involving Trump, shape contemporary views on executive authority and compliance with legal constraints.
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What Is Unitary Executive Theory?
- The unitary executive theory argues the president controls the entire executive branch.
- Department heads act essentially as extensions of the president's authority.
Founders Chose Singular Executive
- Founders debated between a plural or single executive and chose a single president.
- They shared some powers with the Senate and Congress, creating a hybrid executive system.
Presidency's Monarchical Roots
- 18th-century British monarchy was a limited, sometimes elective monarchy resembling the new presidency.
- Some Anti-Federalists warned presidency was 'monarchy in all but name.'
