Saturday, July 21, 2007
(12:55 PM) | Adam Kotsko:
The Unitary Executive
We are now probably familiar with the theory of the Unitary Executive -- a hierarchical view of the executive branch where all authority emanates directly from the president and attempts by Congress to intervene in executive affairs violates separation of powers. I am no constitutional scholar, but it seems to me that this is a serious and obvious departure from the intent of the founders.But let's assume it's not. Let's assume that every executive branch official directly "emanates" from the president. Under this theory, wouldn't that imply that the president is directly responsible for all his subordinates' actions? So, for instance, one wouldn't impeach Bush for abusing his power of pardon in the Scooter Libby case -- one would impeach him directly for Scooter Libby's perjury. There would be no way of isolating the "higher ups" from the prisoner abuse and torture -- Bush himself would be directly guilty of torture.
Of course, proponents of the unitary executive theory would never accept that outcome. Just like the "quantum Vice President," the actual existing application of the unitary executive couples claiming the maximum possible amount of power with the least possible means of being held accountable for it -- the president is simultaneously omnipotent in his control of executive branch officials, yet somehow still able to "keep his hands clean" with respect to the actions of his subordinates.
This is yet another example where arguing with the Bush administration and its apologists at the level of reason and persuasion is a blind alley. They must be met with force -- meaning in this case with criminal convictions and with impeachment. One does not "dialogue" with George W. Bush -- the only responsible thing is to have security escort him out of the White House. That will hopefully happen automatically in January 2009, but one can't help but wish that more specific laws than the term limits on the president be somehow brought to bear on Bush.
