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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 ...
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 ...
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.
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.
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]
Political questions lack "satisfactory criteria for a judicial determination." [199] John Marshall recognized that the president holds "important political powers" which as executive privilege allows great discretion. This doctrine was applied in Court rulings on President Grant's duty to enforce the law during Reconstruction. It extends to the ...
Presidential systems necessarily operate under the principle of structural separation of powers, while parliamentary systems do not; [18] however, the degree of functional separation of powers exhibited in each varies – dualistic parliamentary systems such as the Netherlands, Sweden and Slovakia forbid members of the legislature from serving ...