The unitary executive theory of the Constitution is, more or less, that the president has absolute authority over the executive branch of the federal government. This understanding of presidential power was once quite controversial; in the wake of recent Supreme Court decisions, it has gained wider acceptance. In this post, I want to consider a problem of unitary executive theory that has received little attention. Namely, unitary executive theory may grant the president authority over federal departments, but exercising that power in individual criminal prosecutions constitutes poor public management that destroys, e.g., the Department of Justice’s institutional authority.
Sometimes it is imprudent and unwise (and even dangerous) for the president to exercise his authority over federal departments. In contrast, the president who respects the moral norm that encourages him to keep his hands off the rest of the federal government is probably making a wise choice.