Unitary Executive

Senator Ben Sasse (R, NE), a member of the Senate Judiciary Committee that held hearings last week on Judge Brett Kavanaugh’s nomination to the Supreme Court, had an op-ed in Thursday’s Wall Street Journal that opened with this.

Brett Kavanaugh has been accused of hating women, hating children, hating clean air, wanting dirty water. He’s been declared an existential threat to the nation.

He’s also accused of favoring a unitary Executive and thereby ceding dangerously broad power to the President.

What the accusers carefully ignore is that it’s Congress that has so broadly expanded the power of a unitary Executive, while eliding the fact that our Constitution’s Article II created the unitary Executive in the first place.  It is, after all, Congress that has created all of the Agencies and Cabinet Departments that are in the Executive Branch.  It is Congress that has delegated all the power to those facilities by ceding to them rule-making authority.  All the Executive can do is hire and fire the facilities’ management teams–the only check he has on an overreaching Congress and its abuse of power.

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