The unitary executive theory asserts that the US Constitution vests all federal executive power solely in the President, granting them absolute control over the entire executive branch, including the authority to direct or remove officers in independent agencies, and has the inherent authority to initiate military force without prior congressional authorization, especially in response to emergencies or to protect national security.

Critics warn it undermines checks and balances. Proponents argue it ensures accountability and depend on two clauses in Article II of the US constitution which define the roles and limits of the Executive Branch of government:

• Vesting Clause:  “The executive Power shall be vested in a President of the United States of America.” Proponents claim this clause grants total executive power to one person alone, the President.
  
• Take Care Clause: “The President shall take Care that the Laws be faithfully executed.” Supporters interpret this as a mandate for a unified department under direct presidential control.

Starting Wars?

Trump has left the Unitary Executive debate behind and has assumed absolute power. To quote my friend Rick “If congress were alive today, it would be rolling over…”

The scariest words uttered by Trump are: “I’m Not Happy” because that means it’s tantrum time, like a toddler who hasn’t learned to control his/her impulses. Trump argues bombing Iran is necessary to eliminate “imminent threats” although administration officials acknowledged in closed-door briefings, with congressional staff on March 1, that there was no intelligence suggesting Iran planned to attack U.S. forces first. Opponents argue these are “acts of war” conducted without the constitutionally required congressional declaration.

Meanwhile, Congress is debating war powers resolutions to restrict Trump’s military actions in Iran and Venezuela without congressional approval. These efforts aim to enforce the 1973 War Powers Resolution, requiring the removal of U.S. forces from unauthorized hostilities within 60-90 days. 

Trump with the Military
seems like a bad mix!