Patrick J. Sobkowski (Marquette University) has posted The Unitary Executive Theory: A Path Forward on SSRN. Here is the abstract:
The Unitary Executive Theory has inspired debate for nearly half a century. The meaning of Article II of the Constitution has been debated within the academy, the courts, Congress, and the Executive Branch. The Supreme Court has substantially written the theory into the Constitution, and legal scholars have taken to supporting or critiquing such decisions, largely resorting to legal history and originalism. Unitary Executive Theory projects abound.
At the same time, political scientists have done important empirical work in bureaucratic politics and the separation of powers. These scholars have shown that the picture is more complicated than the text of the Constitution admits. Indeed, the literature suggests the president is able to exercise substantial influence over policymaking, whether an agency is independent or not. This Article provides a review and synthesis of the competing scholarly methodologies for interpreting Article II and its support for the Unitary Executive Theory. It concludes by arguing for a more sophisticated, interdisciplinary approach to questions of executive power and competing interpretations of that power. The best approach is to consider not only text and original meaning, but also the literature on bureaucratic and presidential politics.
Highly recommended.
