In the long run, this is just asking for trouble.
www.acslaw.org
About halfway through his first term as president, Donald Trump
declared, “I have an Article II, where I have the right to do whatever I want as president.” In the first three weeks since his second inauguration, the Trump administration seems to be taking this belief in a “unitary executive” to its extreme ends.….
In mid-2019, when Trump began more frequently referencing
Article II of the U.S. Constitution, which vests executive power in the president, most observers assumed that it reflected his belief that he could have directed the U.S. Attorney General to shut down the investigation of then-Special Counsel Robert Mueller.
This go around, Trump seems to be taking to heart his belief that he “has the right to do
whatever [he] wants as president.” From his first day in office, Trump has declared a culture war on diversity, equity, inclusion, and accessibility programs, on the phantom threat of Marxists, on so-called “gender ideology,” and the ill-defined boogeyman “wokeness,” and he is using his asserted absolute control over the executive to conduct his war…..
The unitary executive theory has always been a dangerous idea given the risk of presidential overreach and abuse of power. And Trump is practicing a unitary executive on steroids, brazenly stepping on Congress’s constitutional power and daring a House and Senate controlled by his party to stop him. Congress can and should reclaim its role, and as litigants file suits, the federal judiciary can also weigh in. Without pushback from the other two branches of government, however, there’s no telling how hulking Trump’s unitary executive may become.