Unitary Executive

Unitary Executive I. Theory of Unitary Power - Proponents of this unitary power would support things like impoundment and signing statements ? For Nixon, it was a big deal - Congress passed a law in 1974 ? Budget Impoundment Act ? One of the most hated pieces of legislation ? It sets up a central budgeting office in Congress ? It made it much more difficult for presidents to impound funds ? Increase procedure in which president must go through to get his hands on the budget - Another tool of the unitary executive: ? Executive order ? directed to the officers of the executive branch to stop/start action, accept delegated authority, etc. ? Most executive orders are inconsequential but there are some big, substantial orders out there. ? Ex. Truman desegregating the military ? Ex. Kennedy establishing the Peace Corp ? Ex. Internment of Japanese during WWII ? If you?re a lame-duck presidency facing an opposite party Congress, this often times is the only way to get one?s policies implemented ? Ex. Clinton?s executive order at the end of his term (while facing impeachment) ? another tool to govern ? Ex. Bush used executive order to set up a military tribunal - Extension of executive privilege ? President?s power to keep information a secret from Congress or the courts ? But how far does this executive privilege extend? Does it also extend to the vice president? - Out of reach of the president?s control ? Independent agency ? Federal Reserve Board ? 7 members ? each member serves for 14 years ? In response to these independent agency: ? Congress is right now sitting on several nominations to independent agencies. They are waiting until a Democratic president gets in so he can have the power to confirm appointees. ? Independent counsels ? president cannot fire any of them ? Ex. Ken Star ? Independent Counsel Act (1978) - Source of Unitary Executive Power ? Federalist Paper No. 70 ? Critics, on the other hand point out that this passage is just more about the number of executive persons rather than how much power it should have II. Implications of the Unitary Executive - These claims of executive power have implications for the theories we have discussed in class: ? Unitary executive undermines Neustadt?s theory ? Skowronek?s power layers ? As presidents gain more powers, so do actors, so over time it gets harder and harder to change the political landscape (since all these institutions now have deep roots ? interest groups, organizations are now much harder to get rid of)