Hacker News new | past | comments | ask | show | jobs | submit login

That's a lot of politics I won't be answering about but I think you misunderstand the unitary executive idea.

It's not that the president is the sole power in government! it's that he's the sole power in the executive branch

This means the checks and balances are Congress vs Court vs President. Just like the clerks for SCOTUS don't have any power and neither do the staffers or clerks of Congress, so too do all the members of the executive branch have no power, except for whenever the Pres decides to delegate his power to them.

Even those who argue with this idea (few do) the only other ppl who have power in executive branch are the officials who get confirmed by the senate bec. they are mentioned in the constitution. No one thinks that unelected bureaucrat have any standing whatsoever outside of what's been delegated to them by the President

This does not in any way pertain to ruling by EO! Many things should in fact be done by Congress, but those that can/should be done by the executive branch are under the Presidents full control.




When the executive is also vested with the power of enforcement, then, by construction, it usurps the power of the other 2 branches to check its authority.

Which I think is obvious- a power hungry executive who disputes an attempted check of its authority by one of the other branches can simply decline to enforce.

Ipso facto, unchecked executive power.

Edit: you seem informed, so you should know that issues like these are not new; Andrew Jackson famously ignored the Supreme Court and told them to get bent way back in 1832 after their decision in Worcester v Georgia.

To use a programming analogy, our government's type system has a soundness problem. That means we, as a civilized society, have to follow a few unwritten rules to make sure the system remains functional and doesn't crash. One of those is for the executive to exercise restraint on the technical power they have in the interest of not encountering UB.




Join us for AI Startup School this June 16-17 in San Francisco!

Guidelines | FAQ | Lists | API | Security | Legal | Apply to YC | Contact

Search: