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Unitary Executive Theory (view source)
Revision as of 05:40, December 21, 2009
, 05:40, December 21, 2009add cites
==Criticism==
==Criticism==
Criics contend that the founding fathers' "original intent" provides no clear evidence for a "unitary executive" whose decisions necessarily trump those of the other branches.
During the Presidency of [[George W. Bush]] it was argued by critics that this model gave the presidency more power than it should have, and that it was leading to what they termed an '''imperial presidency.''' However [[neoconservative]] intellectual and Harvard professor Harvey Mansfield one of the chief proponents of the theory pointed out why such a criticism does not make sense:
During the Presidency of [[George W. Bush]] (2001-09) critics sais the unitary model gave the presidency more power than it should have according to the Founding Fathers, and that it was leading to what they termed an '''imperial presidency.''' However [[neoconservative]] intellectual and Harvard professor Harvey Mansfield one of the chief proponents of the theory pointed out why such a criticism does not make sense:
“If the executive is an adversary of the law, how can he carry out the function of enforcing it?” <ref>http://www.opinionjournal.com/federation/feature/?id=110010014</ref>
“If the executive is an adversary of the law, how can he carry out the function of enforcing it?” <ref>http://www.opinionjournal.com/federation/feature/?id=110010014</ref>
==Further reading==
* Calabresi, Steven G. and Christopher S. Yoo. "The Unitary Executive During the First Half-Century." Case Western Reserve Law Review 47 (1997): 1451–1561.
* Calabresi, Steven G. and Christopher S. Yoo. "The Unitary Executive During the Second Half-Century." Harvard Journal of Law & Public Policy 26 (2003): 667–801.
* Mansfield, Harvey C., Jr. ''Taming the Sovereign: The Ambivalence of Modern Executive Power'' (1993).
*Yoo, Christopher, Steven G. Calabresi, and Laurence D. Nee. "The Unitary Executive During the Third Half-Century, 1889–1945." ''Notre Dame Law Review'' 80 (2004): 1–109.
* Yoo, Christopher, Steven G. Calabresi and Anthony J. Colangelo. "The Unitary Executive in the Modern Era, 1945–2004." ''Iowa Law Review'' 90 (2005): 601–731.
[[Category:United States Constitution]]