Unitary executive theory

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. The theory often comes up in jurisprudential disagreements about the president's ability to remove employees within the executive branch; transparency and access to information; discretion over the implementation of new laws; and the ability to influence agencies' rule-making. There is disagreement about the doctrine's strength and scope. More expansive versions are controversial for both constitutional and practical reasons. Since the Reagan administration, the Supreme Court has embraced a stronger unitary executive, which has been championed primarily by its conservative justices, the Federalist Society, and the Heritage Foundation.

The theory is largely based on the Vesting Clause, which vests the president with the "executive Power" and places the office atop the executive branch. Critics debate over how much power and discretion the Vesting Clause gives a president, and emphasize other countermeasures in the Constitution that provide checks and balances on executive power. In the 2020s, the Supreme Court held that, regarding the powers granted by the Vesting Clause, "the entire 'executive Power' belongs to the President alone".

Since its inception, the president of the United States has exercised significant authority over the executive branch, but presidents have often sought to expand their reach. This has led to conflicts with Congress and its legislative powers, in addition to its powers to delegate under the Necessary and Proper Clause. The Reagan administration was the first presidential administration to cite unitary executive theory. It then entered public discourse with the George W. Bush administration and found a strong advocate in President Donald Trump. Presidents of both parties tend to view the idea that they should have increased power more favorably when in office.

Beyond disputing its constitutionality, common criticisms include the ideas that the theory could lead to more corruption and less qualified employees. Some critics point to countries where similar changes to a more unitary executive have resulted in democratic backsliding, or to the vast majority of democracies (including U.S. state and local governments) that give their executive leader less power.