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Is This A “Unitary Executive”?
Donald Trump is a “Unitary Executive,” at least that’s what the Administration keeps telling us. Project 2025 was entirely based around this notion, and Trump chose Unitary Executive Theory cheerleader William Barr as his Attorney General during his first term.
For those unaware, the Unitary Executive Theory essentially states that the common idea of us having three co-equal branches of government which check and balance one another is incorrect, instead each branch has total domination over their areas of influence. Trump’s recent fight against the Judaical Branch — which has seen Pete Hegseth, Stephen Miller, and JD Vance all attempt to delegitimize court decisions made against the administration — would serve as an example of how this theory looks in practice. Vance said back in February that the President is not required to follow illegitimate rulings, and although he is not wrong, he is also not a member of the party that makes said determination — if only because that is such a cartoonish conflict of interest.
Of course, the President has unlimited ability to use the powers granted to him by the Constitution — but the fundamental question is what those powers actually are. Can the Executive Branch decide it has no interest defending a law passed by Congress when it faces legal challenges, like Obama and Attorney General Eric Holder did in regards to the…