Unitary Executive Theory

A theory of constitutional interpretation that Article II vests all executive power in the president alone, and that the president possesses complete control over the entire executive branch, including the authority to direct and remove any official. In its stronger forms, the theory rejects the constitutionality of independent agencies whose leaders Congress has insulated from at-will presidential removal, a structure the Supreme Court upheld in Humphrey’s Executor v. United States (1935). Proponents argue the theory ensures democratic accountability by placing all executive action under an elected official; critics argue it removes checks Congress deliberately built to keep law enforcement and regulatory functions insulated from partisan control. The second Trump administration invoked the theory to justify Executive Order 14215’s assertion of control over independent regulatory agencies, the removal of independent agency commissioners and inspectors general, and the position that only the president and the Attorney General may issue binding interpretations of law for executive branch employees.