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In American law, the unitary executive theory is a Constitutional law theory according to which the President of the United States has sole authority over the executive branch. [1] It is "an expansive interpretation of presidential power that aims to centralize greater control over the government in the White House". [ 2 ]
Emergency presidential power is not a new idea. However, the way in which it is used in the twenty-first century presents new challenges. [54] A claim of emergency powers was at the center of President Abraham Lincoln's suspension of habeas corpus without Congressional approval in 1861. Lincoln claimed that the rebellion created an emergency ...
Jean-Louis De Lolme, quoted in Federalist No. 70 as saying, "the executive power is more easily confined when it is ONE". Before ratifying the Constitution in 1787, the thirteen states were bound by the Articles of Confederation, which authorized the Congress of the Confederation to conduct foreign diplomacy and granted sovereignty to the states. [12]
Article Two of the United States Constitution establishes the executive branch of the federal government, which carries out and enforces federal laws.Article Two vests the power of the executive branch in the office of the President of the United States, lays out the procedures for electing and removing the President, and establishes the President's powers and responsibilities.
Executive privilege is the right of the president of the United States and other members of the executive branch to maintain confidential communications under certain circumstances within the executive branch and to resist some subpoenas and other oversight by the legislative and judicial branches of government in pursuit of particular information or personnel relating to those confidential ...
Under a presidential system, the president may have the power to challenge legislation through a veto, [19] the power to pardon crimes, authority over foreign policy, authority to command the military as the Commander-in-chief, and authority over advisors and employees of the executive branch. [citation needed]
The executive power theory stated that the President would have the power to remove executive officers unilaterally. The theory argued that because executive power was vested in the President under the Vesting Clause, and since removals of executive officials are executive functions, removal powers would fall under the authority of the President.
Courts in the United States are recognized to have inherent powers to ensure the proper disposition of cases before them. At the federal level these include the powers to punish contempt, to investigate and redress suspected frauds on the court, to bar a disruptive person from the courtroom, to transfer a case to a more appropriate venue (forum non conveniens), and to dismiss a case when the ...