Document Type
Article
Publication Date
2021
Abstract
President Trump clearly believes he was a king. He was not. Both the Constitution itself and Constitutional history make that abundantly clear. The kingship claim is made under the guise of the Unitary Executive Theory, a theory that lacks any historical grounding and a theory that is fundamentally at odds with why the American Revolution was fought. It is a very dangerous theory, as the Presidency under Trump illustrates. Its culmination: a physical assault on the Capital.
This article will first examine the Constitutional history of the power of the president, and then turn to the rise of the doctrine of the Unitary Executive Theory. Its history from the Constitutional Convention and onwards will also be discussed, with particular attention to the impeachment of President Johnson. It will be suggested that history indicates that the framers thought the executive was subservient to Congress, which was the source of ultimate power because it embodied the will of the people. The framers' concept was that Congress legislated and, the president was simply charged with carrying out what Congress decreed.
Recommended Citation
Allen Shoenberger, The Unitary Executive Theory Is Plainly Wrong and Anti-American: "Presidents Are Not Kings", 85 Alb. L. Rev. 837 (2021).