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choie

(5,859 posts)
Tue Jul 8, 2025, 04:34 PM Jul 8

We HAVE to do something about the so-called Unitary Presidency

So the Supreme Court in its wisdom is removing the stay of trump's overhaul (actually destruction) of OUR government, stating that his executive orders would likely be rubber stamped. The Supreme Court, the Federal Society and the Heritage Foundation have created a King.

I don't care of it's a republican, Democrat, Independent or Martian - no president should have this power.

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We HAVE to do something about the so-called Unitary Presidency (Original Post) choie Jul 8 OP
Short of changing the constitution, court expansion is the only remedy Fiendish Thingy Jul 8 #1
Where in the constitution does it say that the president choie Jul 8 #2
The notion stems largely from Antonin Scaliia's dissent in Morrrison v. Olson markpkessinger Jul 8 #12
It doesn't say he can't Fiendish Thingy Jul 8 #15
Not entirely. Court expansion isn't what killed the Dred Scott decision EdmondDantes_ Jul 8 #3
Dred Scott was overturned by the Civil War . . . markpkessinger Jul 8 #14
Waiting out the MAGA justices is a passive measure that may or may not produce the desired results. Fiendish Thingy Jul 8 #16
Trump probably pronounces it urinary dalton99a Jul 8 #4
"Where in the constitution does it say that the president can overhaul the government on his own say so?" J_William_Ryan Jul 8 #5
So under that view, if elected I promise to offer the 6 SCOTUS judges who brought us this nightmare a chance to resign LT Barclay Jul 8 #9
I Dunno....... BBbats Jul 8 #6
Our elections havent been fair for a long time Hornedfrog2000 Jul 8 #17
We do. BlueTsunami2018 Jul 8 #7
The Mars option won't work LastDemocratInSC Jul 8 #8
The Unitary Executive... GiqueCee Jul 8 #10
A different composition of both Houses of Congress is a good start. no_hypocrisy Jul 8 #11
This has been a GOP thing since 2000. "We create our own reality" "Unitary Executive." Evolve Dammit Jul 8 #13
If we ever get a Dem president again... Kablooie Jul 8 #18
Correct - the only way to "stop it" is somehow getting a D back in there Cosmocat Jul 9 #21
You're right but Nasruddin Jul 8 #19
He'll NEVER be a "king" in MY book. calimary Jul 9 #20
John Roberts is a big believer in the unitary executive.... kentuck Jul 9 #22

Fiendish Thingy

(20,121 posts)
1. Short of changing the constitution, court expansion is the only remedy
Tue Jul 8, 2025, 04:38 PM
Jul 8

And court expansion can only happen if the filibuster is DEAD.

Keep that in mind when you vote in the Democratic primaries for senator.

choie

(5,859 posts)
2. Where in the constitution does it say that the president
Tue Jul 8, 2025, 04:51 PM
Jul 8

can overhaul the government on his own say so?

markpkessinger

(8,809 posts)
12. The notion stems largely from Antonin Scaliia's dissent in Morrrison v. Olson
Tue Jul 8, 2025, 06:54 PM
Jul 8
Morrison v. Olson was a case in which the court upheld the constitutionality of the independent counsel law. In his dissent, Antonin Scalia wrote:

Article II, § 1, cl. 1, of the Constitution provides: “The executive Power shall be vested in a President of the United States.” [T]his does not mean some of the executive power, but all of the executive power.


The Federalist Society then picked up on that and ran with it, developing the "unitary executive theory" that the court's MAGA majority subscribes to today, and under which they are giving Trump a blank check. Many legal scholars have serious issues with it because, among other things, it (1) violates the separation of powers by vesting too much authority in the executive branch, (2) holds that government agencies that are, by design, supposed to be independent of the executive branch's political whims are unconstitutional; (3) disregards and downplays the role of Congress and the courts in checking the power of the presidency; (4) rests on questionable "originalist" interpretations of the Constitutions that don't quite square with the historical record; and (5) leads precisely to the kind of authoritarian presidency we are now seeing, and which the framers of the Constitution resolutely opposed.

Fiendish Thingy

(20,121 posts)
15. It doesn't say he can't
Tue Jul 8, 2025, 07:08 PM
Jul 8

It only says congress or the courts can stop him, and at present, neither will.

EdmondDantes_

(648 posts)
3. Not entirely. Court expansion isn't what killed the Dred Scott decision
Tue Jul 8, 2025, 04:52 PM
Jul 8

Eventually Thomas, Alito, and Roberts will leave the court. And while Thomas and Alito will definitely try to leave under a Republican president and Senate, that's not guaranteed.

And while maybe I'm just an optimist, I think eventually the public will tire of the Heritage Foundation/Republican approach, and will adjust their votes to make the current extremist judicial philosophy go out of favor.

markpkessinger

(8,809 posts)
14. Dred Scott was overturned by the Civil War . . .
Tue Jul 8, 2025, 06:57 PM
Jul 8

. . . and the subsequent passage of the 13th and 14th amendments. It didn't go away merely because justices aged off the court or died!

And I think there's a good chance that Thomas, and possibly Alito, will retire during Trump's current term, allowing him to name replacements who are likely to be as bad or worse. And even if a Democrat is elected in 2028, the other MAGA justices are young enough that they will likely remain on the court for the duration of that presidency.

So there's really very little chance in the next decade of the court's ideology shifting very much!

Fiendish Thingy

(20,121 posts)
16. Waiting out the MAGA justices is a passive measure that may or may not produce the desired results.
Tue Jul 8, 2025, 07:10 PM
Jul 8

Expanding the court is an active measure, that provides results.

J_William_Ryan

(2,864 posts)
5. "Where in the constitution does it say that the president can overhaul the government on his own say so?"
Tue Jul 8, 2025, 05:21 PM
Jul 8

It doesn’t – that’s the problem.

Unitary executive dogma holds that such powers are ‘implied,’ that a president can be checked only by the states via the impeachment process or General Elections every four years – otherwise a president is at liberty to do whatever he wants with impunity, ignore any law, ignore any court, ignore the Constitution altogether.

And now unitary executive dogma has been codified by the Supreme Court.

LT Barclay

(3,051 posts)
9. So under that view, if elected I promise to offer the 6 SCOTUS judges who brought us this nightmare a chance to resign
Tue Jul 8, 2025, 06:26 PM
Jul 8

and if they refuse, I’ll drag them from their chambers and strip them of their robes in front of the Washington Monument. Then I’ll tweak the Constitution so we don’t have this problem again before I turn over power to someone more qualified.

Hornedfrog2000

(389 posts)
17. Our elections havent been fair for a long time
Tue Jul 8, 2025, 07:14 PM
Jul 8

They havent gotten any more free thats for sure

GiqueCee

(2,578 posts)
10. The Unitary Executive...
Tue Jul 8, 2025, 06:44 PM
Jul 8

... is the Nazi über-president that Cheney and Rumsfeld tried to shove down everyone's throats when Bush The Lesser was president.
Now they've finally gotten their ill-begotten wish, god-fucking-damn them to hell.

Evolve Dammit

(21,041 posts)
13. This has been a GOP thing since 2000. "We create our own reality" "Unitary Executive."
Tue Jul 8, 2025, 06:56 PM
Jul 8

This started with Bush/Cheney. Or at least metastasized after Reagan.

Kablooie

(18,951 posts)
18. If we ever get a Dem president again...
Tue Jul 8, 2025, 07:20 PM
Jul 8

And he used the unitary powers to put back our government, repubs and scotus will be screaming about him claiming powers the president doesn’t have.

Unitary powers are reserved only for Republicans.

Cosmocat

(15,210 posts)
21. Correct - the only way to "stop it" is somehow getting a D back in there
Wed Jul 9, 2025, 07:53 AM
Jul 9

cause he or she will operate with decency, reason and ethics AND Rs will work like crazy to handcuff him or her in every way possible.

Doubtful it happens at this point ...

Nasruddin

(1,078 posts)
19. You're right but
Tue Jul 8, 2025, 07:27 PM
Jul 8

it's too late.

You need your own version of the unitary executive to alter the damage done by this one.
And no person you get in that position is ever going to give it up, for their own protection if nothing else.

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