Lewis & Clark Law Review
First Page
1063
Abstract
Originalists justify a “unitary executive” theory of presidential powers using the Constitution’s vesting of the executive power in “a President,” as opposed to a council or other multi-member setup. Inspite of this justification’s popularity with originalists, a deeper understanding of prerogative and power, as the Founders understood those key concepts, reveals that the unitary executivetheory cannot be justified through either the original intent orthe original meaning of our founding document. Intheabsence of this grounding, the unitary executive theory is underpinned by modern exigenciesand thereforeloses coherency as an originalist theory.
Recommended Citation
Marc Mohan,
Originalist Sin: The Failure of Originalism to Justify the Unitary Executive Theory,
24
Lewis & Clark L. Rev.
1063
(2020).
Available at:
https://lawcommons.lclark.edu/lclr/vol24/iss3/9