Wednesday, June 21, 2006

Cheney on the Unitary Executive Theory

When Dick Cheney spoke at the Gerald R Ford Journalism Prize luncheon on Monday, June 19th, he said this in response to a reporter's question about the unitary executive theory:

Q You have talked about reclaiming the powers of the presidency that was lost following Watergate, in fact when President Ford had taken office, and you've talked about the notion of the unitary executive. Should there be any limits, and if so, what?

THE VICE PRESIDENT: I don't believe I've ever talked about the unitary executive. Others may have suggested that I talked about that.

But I clearly do believe, and have spoken directly about the importance of a strong presidency, and that I think there have been times in the past, oftentimes in response to events such as Watergate or the war in Vietnam, where Congress has begun to encroach upon the powers and responsibilities of the President; that it was important to go back and try to restore that balance.


Yet, according to a quote from the Wall Street Journal which John Dean cited in this article, Cheney certainly did talk about the unitary executive theory:

"In the aftermath of Vietnam and Watergate," Cheney recently told the Wall Street Journal, "there was a concerted effort to place limits and restrictions on presidential authority." There were "a series of decisions," he explained, "that were aimed at the time at trying to avoid a repeat of things like Vietnam or ... Watergate."

"I thought they were misguided then," he continued, and "given the world that we live in [today] that the president needs to have unimpaired executive authority." Cheney said the only restraint on the president should be "the Constitution." He did not say, however, as he has on other occasions, that it is the president who says what the Constitution means, as far as his own duties and responsibilities.


This is the definition of the unitary executive theory (according to wiki):

The theory relies on the Vesting Clause of Article II which states "The executive Power shall be vested in a President of the United States of America." Proponents of the unitary executive use this language along with the Take Care Clause ("[The President] shall take care that the laws be faithfully executed...") to argue that the Constitution creates a "hierarchical, unified executive department under the direct control of the President."

Now, if that doesn't smack of the 'unimpaired executive authority' that Cheney spoke of to the WSJ, I don't know what does.

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