Unitary executive theory imposing real-world, real-time effects on the workplace

The unitary executive theory is a constitutional law theory holding that the U.S. president possesses sole authority over the executive branch. Supporters trace the theory’s origins to debates at the Constitutional Convention of 1787, some of which emphasized the importance of a single executive. On the other hand, many of the Founding Fathers and the founding generation fought to depose and dispose of a monarch and sought to assure that Congress was the dominant force of the fledgling government. The system of “checks and balances” has been a hallmark of American government ever since. However, recent Supreme Court decisions—especially the precedent-making ruling in Trump v. U.S.—and the even more recent unilateral and unchecked acts by President Trump have profoundly altered this often-precarious balance.

Appointment and removal power

Trump v. U.S. affirmed that all executive branch powers are solely vested in the president and that the president is not legally accountable for any of his official acts. That set the stage for the current debate over the president’s removal power. Under the theory, the president may remove appointed executive branch officials without approval from Congress or the courts, even in the face of laws specifically designed to give protections to certain agency leaders.