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• Title: The Traditional View of Hamilton's Federalist No. 77 and an Unexpected Challenge: A Response to Seth Barrett Tillman (Response to Article by Seth Barrett Tillman in This Issue, P. 149)
• Author : Harvard Journal of Law & Public Policy
• Release Date : January 01, 2010
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 318 KB

Description

It has been mentioned as one of the advantages to be expected from the co-operation of the senate, in the business of appointments, that it would contribute to the stability of the administration. The consent of that body would be necessary to displace as well as to appoint. (1) The unitary executive theory is one of the most controversial legal theories of recent memory. The theory posits that the Vesting Clause of Article II grants all of the executive power to the President, except where express grants of executive authority are made to other institutions or denied to the government as a whole. Broadly, the theory has two strands--a foreign policy strand and a domestic policy strand--both of which enhance the President's inherent powers, even absent statutory grants of authority. Even though the Constitution is silent regarding removing executive officers and abrogating treaties, both the domestic and foreign policy strands contend that the Vesting Clause grants the President these powers. (2)

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