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Unitary Executive “Theory”
What is the Unitary Executive Theory?
Can a President fire a member of an independent agency?
Does the President have to spend money appropriated by Congress?
Is it legal for the President to send the National Guard to our cities?
First of all, the very idea that the executive branch has over 4 million employees should disturb all of us. How did the federal government, endowed with limited and enumerated powers by the Constitution, grow so large as to need such a workforce in a single branch? Our goal today is not to debate the validity of the actions of President Trump, but what Democracy Docket calls “a once-fringe legal theory,” commonly called the Unitary Executive. This so-called fringe theory comes directly from Article II of the Constitution.
The executive Power shall be vested in the President of the United States of America. …
So when Congress passes a law that infringes on the constitutional power of the Presidency, if that law is not made pursuant to the Constitution, it’s not only not the supreme law of the land, but as Alexander Hamilton put it in Federalist Paper #78, it’s void:
There is no position that depends on clearer principles than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid.
Read the full article... watch and learn from Constitutional Expert Paul Engel; there is always much more to learn back at America Out Loud: https://www.americaoutloud.news/.
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