Unitary Executive Theory
For the past nearly two-decades the Deep State has been countered by an even more powerful force called
the Unitary Executive Theory; is a theory of American constitutional law holding that the President
possesses the power to control the entire Executive Branch.
This doctrine is rooted in Article Two of the United States Constitution, which vests
"the executive power" of the United States in the President.
In repeated court cases over the past two-decades, the “Deep State” has kept the fearful power of
the Unitary Executive from being able to destroy them.
Last year when the US Supreme Court issued its ruling in the landmark "Lucia vs. SEC" case; that dealt
with the President’s power to hire and fire anyone he so wished in the Executive Branch no matter if
they were protected by laws imposed on the Executive Branch by the US Congress, and in whose ruling, for
the first time in history, affirmed this vast and powerful Presidential Authority, and it being written:
“It may be years before the implications of the Supreme Court’s opinion this morning in Lucia v.
Securities and Exchange Commission are clear, but at first glance the opinion strikes a major blow at
one of the centerpieces of the administrative state”.
1989 Memo as Assistant AG in the Office of Legal Council (OLC) "Unitary Executive"
The memo outlines these "Common Legislative Encroachments On Executive Branch Authority":
Interference with the President's Appointment Power, including incompatibility and ineligibility issues
(e.g., appointing members of Congress to executive-branch commissions that have more than advisory roles),
directing the president to appoint from an approved list of candidates, and delegations of authority to
positions outside the executive branch (e.g., qui tam statutes).
The creation of hybrid commissions that reach into executive authority.
Attempts to constraint the president's "removal power."
"Micromanagement of the Executive Branch," by mandating certain executive processes and bureaucratic organization.
"Attempts to Gain Access to Sensitive Executive Branch Information."
Legislative vetoes (even after Chadha).
Requirements that executive officials submit legislation to Congress.
Restrictions on the president's recess appointment power.
DEC 2018: William Barr's Unitary Executive
https://lawprofessors.typepad.com/conlaw/2018/12/william-barrs-unitary-executive.html
MEMO PDF LINK
https://int.nyt.com/data/documenthelper/549-june-2018-barr-memo-to-doj-mue/b4c05e39318dd2d136b3/optimized/full.pdf
Lucia vs. SEC PDF
https://www.supremecourt.gov/opinions/17pdf/17-130_4f14.pdf
https://en.wikipedia.org/wiki/Unitary_executive_theory
https://www.latimes.com/politics/la-na-pol-court-presidential-powers-20180423-story.html
https://www.scotusblog.com/2018/06/opinion-analysis-justices-invalidate-civil-service-appointments-of-administrative-law-judges/