Barack Obama: Unitary Executive Theorist


Others on this site and elsewhere have done a marvelous job of exposing the fact that Obama almost certainly broke the law in his dismissal of Gerald Walpin (and perhaps other IGs). This story is not concerned with what Obama has done, it is concerned with what it reveals about Obama’s view of executive power. What Obama’s firing of Walpin reveals is very simple: Obama is a believer in the Unitary Executive Theory.

See, a lot of Democrats and left-wing bloggers bloviated on endlessly about the Unitary Executive Theory without ever bothering to educate themselves about what the Unitary Executive Theory is. See, leftists tend to view the world through the prism of power-grabbing conspiracy theories. So when they encountered something called the “Unitary Executive Theory” that had conservative adherents, they immediately assumed it was a conspiracy theory by which conservative Presidents would attempt to increase Presidential power. Soon enough the Unitary Executive Theory became responsible for Guantanamo, “torture”, the Iraq War, Hurricane Katrina, and Valerie Plame. No leftists ever bothered to point out or explain how this was so, or to even make a pass at understanding the most rudimentary basics of what the Unitary Executive Theory stood for.

The Unitary Executive Theory (as Samuel Alito patiently attempted to explain over and over to many of these leftist morons) has nothing to do whatsoever with the scope of executive power. A Unitary Executive Theorist might well believe that the office of the Presidency does (or should) have very little power whatsoever. The only thing the Unitary Executive Theory concerns itself with is who is ultimately responsible for wielding whatever executive power the executive branch possesses. The Unitary Executive Theory may be summed up succinctly in one sentence: The President has the Constitutional authority to fire anyone in the Executive Branch. In other words, anyone who wields executive power is answerable ultimately to the President.

Let me make this simpler for Glenn Greenwald, et al (e.g., Thomas Ellers and Rick Ellensburg). Believing in the Unitary Executive Theory would not make a President any more or less likely to approve of torture, or Guantanamo Bay, or warrantless wiretapping or any other such thing. You know what it would make a President more likely to do? It’d make a President more likely to fire some IGs in violation of statute because he believes that the Constitution gives him the summary authority to do so.

So, while Obama and his many illiterate followers may have campaigned against and decried the Unitary Executive Theory, it appears that Obama is the first American President in the last 8 years to have violated the law because of his belief in it. So unless Obama is ready to apologize and rescind his unlawful actions against Walpin, et al, it’s time for him to own up to his strong belief in the Unitary Executive Theory.


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46 Comments Leave a comment

Wow, that was great.

bs Thursday, June 18th at 10:03PM EDT (link)

You’re on your game tonight, Leon.

Decorum is fo’ suckas

 

Let me second bs.

spainishirish Thursday, June 18th at 10:06PM EDT (link)

There appears to be a seperation of powers issue shaping up as well with some of the Dems who haven’t gotten the memo yet about how great the Unitary Executive Theory has become. They’ll probably buckle tomorrow, though.

 

Good Job Leon

bobojake Thursday, June 18th at 10:42PM EDT (link)

I had a boss once that believed and acted the same way obama does. It was L working there but he as a Vice-President of a National Company he finally caught up in his own ego power trip and got fired and had to go to Mexico to work for 3 years.
Yes the employees shouted with joy that day because he had them convinced he was insurmountable. It will be a joyous day when the same thing happens to obama.

 

Wow !...... 55555..... nt

Kenny Solomon Thursday, June 18th at 10:44PM EDT (link)

Of course you can have my guns……. Bullets first.
I didn’t say rounds, shells or magazines……
I said bullets first.

 

5555+ nt

Caleb Howe Thursday, June 18th at 10:56PM EDT (link)

nt

Caleb Howe (formerly known as absentee)
Support Activist Blogging! | twitter.com/CalebHowe

 

Awesome, Leon!

Amy Miller Thursday, June 18th at 11:04PM EDT (link)

55555555555555555555555555!

~A
Tweet Me, It’s Trendy!!!: @amy_m_miller

“Ah, yes, it’s the apocalypse alright. I always thought I’d have a hand in it.”

 

55555!

TNJim Thursday, June 18th at 11:06PM EDT (link)

I’m bookmarking this. A great explanation, Leon!

“No. You can’t” -Moe Lane

 

It will be interesting to see what

mbecker908 Thursday, June 18th at 11:10PM EDT (link)

the Democratic Congress does to impede this UE.

CongressCritter™: Never have so few felt like they were owed so much by so many for so little.

Nothing, at least not for a while.

Achance Friday, June 19th at 11:47AM EDT (link)

What Republicans should be doing is seeking out the people that Comrade Obama is pressuring or forcing out and find jobs for them on our side of the ditch. We don’t have the shadow government of non-profits, unions, and law firms, but we do have some resources to give jobs and contracts to the dissidents and whistleblowers. Then we can use them for a counterattack.

This is Democrat playbook since the Clinton days and they do it at the state level as well. An IG is pretty brazen since they do have explicit cause protection, but that really doesn’t seem to matter to them. As soon as they take office they set out to remove or intimidate into silence all the senior level career employees, the people who actually know and follow the rules and who make the government run. If they can’t get rid of them, they reassign them to doing nothing and give them an office with no windows or phone and a seat that flushes; you have to be really close to retirement to be able to stand that for long. It is really hard to come to work when nobody will dare be seen talking to you, you don’t have anything to do, you get jerked around by the boss, who you know is trying to provoke you into doing something stupid.

Once they get the experienced people out of the way, they replace or supplant them with either Democrat operatives or with very junior employees who don’t even know what they don’t know. Then there are no complaints from inside the workforce about who the money gets sent to, how the contract gets let, or who got hired for what. This is all combined with a PR campaign about how they’re cleaning up and streamlining. What they’re really doing is eliminating all the rules about money, people, and stuff so they’re free to do as they please. Then, the only thing they have to worry about is public opinion and since Democrats can count on good press and on the media never peeking under their skirts, they can do as they please without regard to those silly laws and things.

In Vino Veritas

5

Tbone Friday, June 19th at 11:58AM EDT (link)

When you’re right, you’re right.

Envisioning when all that is Left is the Right.

 

I would also note that somebody should be making a list of

mbecker908 Friday, June 19th at 3:59PM EDT (link)

really sharp, really agressive and REALLY nasty attorneys who can fill US Attorney slots in the next Republican administration. We should be looking for people who will be willing to pursue indictments against anybody and everybody with a “D” behind his name for anything even remotely felonious.

CongressCritter™: Never have so few felt like they were owed so much by so many for so little.

We should be pursuing indictments in our own states

Achance Saturday, June 20th at 11:46AM EDT (link)

now, but Republican governors still seem to be stuck on stupid. If we wait until the federal auditors and investigators are perp walking people out of Red State capitols, it will be too late. As I’ve said before, the rules on federal financial reporting are so obtuse and subjective that any fund manager who signs an FSR or other federal report is essentially signing his/her life away if the fed wants to come after him. It is an absolute certainty that this Administration will use this tool on the Red States in furtherance of the Democrat “All Republicans are Corrupt” meme.

In Vino Veritas

 
 
 
 

What about all the czars?

Common_Cents Thursday, June 18th at 11:12PM EDT (link)

Aren’t they in the executive branch, controlled by Obama, duplicating many usurping congress?

You’d think congress would be getting a little miffed at getting squeezed, and especially the states. There is obviously a little rumbling but no thunder as of yet.

“Never interrupt your enemy when he’s making a mistake.” Napoleon - Well, unless he is ruining your country! Common Cents

A cult of personality arises when a country’s leader uses mass media to create a heroic public image, often through unquestioning flattery and praise.[1] Cults of personality are often found in dictatorships.

That's one of the reasons the Dems seem to be getting frustrated w/Byrd continuing to hang around.

eburke Friday, June 19th at 10:48AM EDT (link)

Not only is he not well enough to help them reach cloture but for his many (innumerable?) faults, the former Grand Wizard of the KKK is quite protective of the role of the Congress in general and the Senate in particular. He has made no bones about not wanting/liking/appreciating all the ‘czars’ appointed by the TOTUS for that very reason.

Republican leadership on the other hand?

Chirp!

Chirp!

Chirp!

“All that need be done for evil to triumph is for good men to do nothing.”

“Dead fish go with the flow” ~ izoneguy

“We have a Statue of Liberty not a Statue of Necessity” ~ ColdWarrior

Byrd usually votes right on fed judges - nt

Mike gamecock DeVine Friday, June 19th at 11:28AM EDT (link)

Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” - Andrew Jackson

That is true, GC (well, unless they happen to be black, cf. Thomas/Marshall) nt

eburke Friday, June 19th at 11:37AM EDT (link)

“All that need be done for evil to triumph is for good men to do nothing.”

“Dead fish go with the flow” ~ izoneguy

“We have a Statue of Liberty not a Statue of Necessity” ~ ColdWarrior

imagine that! - nt

Mike gamecock DeVine Friday, June 19th at 11:45AM EDT (link)

Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” - Andrew Jackson

I know....I mean, you'd think the guy was a former wizard in the KKK or something.

eburke Friday, June 19th at 11:47AM EDT (link)

But someone like that would *never* be accepted or promoted to, let’s say, majority leader in the party that so embraces diversity, tolerance and love.

(I must now leave my keyboard as I think I made myself nauseous typing that last sentence)

“All that need be done for evil to triumph is for good men to do nothing.”

“Dead fish go with the flow” ~ izoneguy

“We have a Statue of Liberty not a Statue of Necessity” ~ ColdWarrior

 
 
 
 
 
 

This is fantastic!

Brian Simpson Thursday, June 18th at 11:14PM EDT (link)

Digg it!
Reddit it!
Stumbled it (no links for that one)
Tweeted it

Get this one out to everyone you can. Conservatives will love it and Liberals will hate it (and honestly I LOVE that Liberals will hate it).

The Minority Report | Twitter | Facebook | Digg | Politics4All | Missouri Matters | Rebuild the Party
Important principles may and must be inflexible. ~ Abraham Lincoln

 

55555^?

George Claghorn Thursday, June 18th at 11:21PM EDT (link)

Excellent work, Leon!

“Victory comes, though we know not when. We must be happy warriors until the end.

For those of you who struggle with what goes on, who see retreat and capitulation, and who feel like not just your political opponents, but those who hold dear all those things you hold as blasphemous — be cheerful. Be happy. Victory is already yours.

You must just have the courage to not get discouraged and have the will to fight on.” – Erick Erickson at RightOnline

Read question mark as infinity symbol. (nt)

George Claghorn Thursday, June 18th at 11:22PM EDT (link)

“Victory comes, though we know not when. We must be happy warriors until the end.

For those of you who struggle with what goes on, who see retreat and capitulation, and who feel like not just your political opponents, but those who hold dear all those things you hold as blasphemous — be cheerful. Be happy. Victory is already yours.

You must just have the courage to not get discouraged and have the will to fight on.” – Erick Erickson at RightOnline

 
 

Let me get this straight:

Duke Thursday, June 18th at 11:37PM EDT (link)

Bush, villified by the libs for being a believer in the “Unitary Executive Theory” when he canned a few lawyers who worked for the government in the Justice Dept. at his pleasure, was a tyrant.

The messiah, who just illegally canned an independant fraud watchdog in the same manner as Nixon did when he canned Arch Cox in the “Saturday Night Massacre,” is somehow NOT a tyrant?!

I smell a corrupt Chicago crook from the Al Capone school of politics.

I've been twittering...

bs Thursday, June 18th at 11:42PM EDT (link)

“Gerald Walpin = Archibald Cox” ever since this happened. I’m trying to build a meme. It’s tough being a trailblazer.

Decorum is fo’ suckas

"he Al Capone school of politics" Watch out for the baseball bat!...nt

olsmithie Saturday, June 20th at 12:02PM EDT (link)
 
 

Well done, Leon.

itrytobenice Friday, June 19th at 8:28AM EDT (link)

And if congress wants any control over the spending they are authorizing, they’d better get their own auditors.

The Unitary Executive is going to make sure they have no say so in how he spends it if they don’t. That’s why Michelle’s henchman is now in charge of the Americorps bureaucracy.

The problem with America is stupidity. I’m not saying there should be capital punishment for stupidity, but why don’t we just take the safety labels off of everything and let the problem solve itself?

 

5555^, Leon. Can you be a Unitary Ex. if your wife

janis Friday, June 19th at 8:57AM EDT (link)

considers herself to be one, too? Because I’m thinking that Michelle believes herself to be just as much the Pres. as he does.

Wife - sounds familiar

Duke Friday, June 19th at 10:06AM EDT (link)

Didn’t we just have one of those a while back - just before W? I recall someone calling herself the “co-president.”

Yes, we did, duke. And she was a fairly unpleasant

janis Friday, June 19th at 12:12PM EDT (link)

person to work for and around, too. After working for the Bush family for 8 years, how much must it suck to work for people who probably treat you like appliances again?

 
 
 

Yes, and the Pres. should be able to fire at will anyone

icbm Friday, June 19th at 10:36AM EDT (link)

in the executive branch of government.

(Not to say there aren’t other reasonable positions - this debate goes back to the 1790’s.)

agreed, and he can be subjected to ridicule for why he has done so - nt

Mike gamecock DeVine Friday, June 19th at 10:38AM EDT (link)

Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” - Andrew Jackson

 

isn't the law different in this case icbm??..

Aaron Gardner Friday, June 19th at 10:50AM EDT (link)

Isn’t there a law that states the President has to give 30 days notice and an explanation of the firing to congress?

Firing an IG is different than firing an AG.

Aaron’s Archive

conform and celebrate diversity….or else!!!

Yes, but I don't think the law provides any procedure for

Mike gamecock DeVine Friday, June 19th at 11:26AM EDT (link)

Congress to prevent the firing. And besides, I think icbm is stating his preference for executive power, with which I agree.

But I do favor an accountability requirement for IGs as opposed to DAs, although I could see a justification for such a 30-day requirement for DAs as well.

The bottom line is that Obama can fire them and we can point out that he broke a law that can’t be enforced except by voters at the voting booth or in some institutional way by Congress on other matters, like confirmations etc.

Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” - Andrew Jackson

GC My point is to pre-emptively kill the Bush comparison....

Aaron Gardner Friday, June 19th at 11:32AM EDT (link)

I understand that the law has no teeth beyond what the congress chooses to give it at any moment in time, and with the congress we got it will remain gumming soft objects. But like I said, my only point is to kill the comparison to the Bush AG firings, in which he was not only completely justified but acting within the law, as opposed to Obama, who may be justified but is working outside the law in order to expedite his will while at the same time protecting his friends.

Aaron’s Archive

conform and celebrate diversity….or else!!!

agreed on that based on all the info I am aware of on both situations

Mike gamecock DeVine Friday, June 19th at 12:01PM EDT (link)

and of course Bush’s mistake was in trying to justify the firings rather than simply brushing off the questions.

Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” - Andrew Jackson

 

agreed, aaron.

icbm Friday, June 19th at 3:54PM EDT (link)

n/t

by the way, my position on executive firings hasn’t been law since the “Humphrey’s Estate” decision in the 1930’s, when the Supreme Court overturned a magnificent 1920’s decision by Chief Justice Taft, “Myers v. U.S.”

http://en.wikipedia.org/wiki/Myers_v._United_States

 
 

The fact that a cause must be stated makes

Achance Friday, June 19th at 11:51AM EDT (link)

this person not “at will” or “at the pleasure.” There may not be access to the administrative appeal mechanisms that merit system employees have, but such an employee does have remedy available through the courts with a wrongful discharge suit. This guy’s biggest problem will be the opposite of that faced by Ted Stevens. All you had to do to Sen. Stevens is charge him with being a Republican and a DC jury would sentence him to death. In this case, all you have to do is charge IG Walpin with opposing the Will of The One, and they’ll find against him.

In Vino Veritas

We better check that as there is aChance that the disclosure and notice

Mike gamecock DeVine Friday, June 19th at 12:07PM EDT (link)

are for political purposes only, i.e. for Congressional oversight.

Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” - Andrew Jackson

I found both the 1978 law and the 2008

Achance Friday, June 19th at 12:28PM EDT (link)

amendments. It specifically says the IG is not considered a policy makingl position, so it wasn’t a serve at the pleasure position even under the old law. So, probably most any cause would be sufficient, e.g., “doesn’t fit in with our management plans,” but if you state a cause, it has to be a legal cause and you have to be able to prove it. I’d be happy to represent the guy in a labor arbitration armed only with the stuff the management said about his being disoriented etc.

In Vino Veritas

Art you should contact Glenn Beck...

Aaron Gardner Friday, June 19th at 12:31PM EDT (link)

he could hook the two of you up…lol

Aaron’s Archive

conform and celebrate diversity….or else!!!

Walpin will have to go to court since

Achance Friday, June 19th at 12:43PM EDT (link)

at that level he doesn’t have access to an adminstrative remedy. ‘Course, if you do that you’d better be fixed for awhile ’cause you ain’t working anywhere that a Democrat government has any influence.

When I rather noisily quit my merit system job over Knowles Administration corruption, both the Administration and various union leaders very publicly said that they’d make sure I never worked in Alaska again. They were very nearly successful with that for awhile, people in politics or working for the government would cross the street rather than be seen talking to me. Finally, the Republican controlled legislature started pitching me some scraps in the form of contracts to work for them. I’ll admit now that I really only planned for scraping by for the remaining two years of his term and I could not conceive of the SOB being re-elected. When he did get re-elected and I was facing another four years with no way to make a decent living in my field, things were getting grim.

Interestingly, by about half way through the second term, the Administration was so sick of their union friends and all the internal problems from what they’d done to the State’s HR/LR functions, they hired me back as a supervisor to fix the mess. After four years in the wilderness living off scraps, I’ll be the first to admit that I had mellowed some of my delicate sensibilities about the stuff they were doing.

In Vino Veritas

 
 

hey thx, send me those links - I may do a devinelaw column on the matter - nt

Mike gamecock DeVine Friday, June 19th at 12:44PM EDT (link)

Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” - Andrew Jackson

I just Googled "Inspector General 2008" and

Achance Friday, June 19th at 12:48PM EDT (link)

the amended law came up and that’s where I found it was an amendment to the ‘78 Act. You have to go a ways into the stack to get that one as it was enacted.

In Vino Veritas

thx bro - nt

Mike gamecock DeVine Friday, June 19th at 7:42PM EDT (link)

Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” - Andrew Jackson

 
 

Be sure and mention that the 'O' was a co sponsor of the bill he "allegedly" violated... nt

olsmithie Friday, June 19th at 3:53PM EDT (link)
 

thanks for the research, achance

icbm Friday, June 19th at 3:50PM EDT (link)
 
 
 
 
 
 

The 5 goes to 11!

Dan McLaughlin Friday, June 19th at 10:40AM EDT (link)

Hahahahahahaha

“No compromise with the main purpose, no peace till victory, no pact with unrepentant wrong.” - Winston Churchill

 

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