Can a President act as the head of an executive department?

[Max_S]

@gdave

But the President can act as his own Secretary of Defense. But then he actually has to physically do the job. He can’t give NotSecDef Jane Jones a “The Prez Sez” rubber stamp, and have her do the work. The President would have to actually be the one issuing the orders and signing the paperwork.

I’ll have to disagree with you there. Quoting myself from a previous thread where I wrote about the unitary executive theory,

@Max_S

The President May Delegate His Own Authority to Subordinates

“The President speaks and acts through the heads of the several departments in relation to subjects which appertain to their respective duties”. Wilcox v. Jackson , 38 U.S. 498, 513 (1839). (Noting that the war department’s reservation of Indian territory is “in legal effect, a reservation made by order of the President”). The Court said it must be so because it would be “impossible” for the President to actually “perform in person the the numerous details incident to services which, nevertheless, he is, in a correct sense, by the Constitution* and laws required and expected to perform” (emphasis added). Williams v. The United States , 42 U.S. 290, 297 (1843). (Where the Treasury had the authority to provide cash advances to marshals without explicit Presidential consent). Finally, note that the President necessarily appoints all principle [sic] officers in the administration.

~Max