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Unitary Executive Theory and Exclusive Presidential Powers

8 Pages Posted: 7 Apr 2010  

Julian Ku

Hofstra University - School of Law

Date Written: April 7, 2010

Abstract

In their book, The Unitary Executive, Steven Calabresi and Christopher Yoo offer important and compelling evidence of a broad and longstanding understanding by Presidents and Congresses in favor of an exclusive presidential power to remove government officials. In doing so, the authors’ primary goal is to bolster unitary executive theory with historical evidence. But they have a second, more subtle goal: to disassociate unitary executive theory from the theories of presidential powers invoked by the administration of George W. Bush. In this essay, I suggest that this attempt to save unitary executive power theory from the Bush Administration is not likely to succeed.

Keywords: Constitutional Law, Presidential Powers, Executive Power

JEL Classification: K30, K39

Suggested Citation

Ku, Julian, Unitary Executive Theory and Exclusive Presidential Powers (April 7, 2010). University of Pennsylvania Journal of Constitutional Law, Vol. 12, p. 615, 2010; Hofstra University Legal Studies Research Paper No. 10-11. Available at SSRN: https://ssrn.com/abstract=1585886

Julian G. Ku (Contact Author)

Hofstra University - School of Law ( email )

121 Hofstra University
Hempstead, NY 11549
United States
516-463-4237 (Phone)
516-463-6264 (Fax)

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