# Why have Republicans forgotten the "unitary executive theory"?

**URL:** <https://boards.straightdope.com/t/why-have-republicans-forgotten-the-unitary-executive-theory/705266>\
**Category:** Great Debates\
**Created:** [November 21, 2014, 4:47pm UTC](https://boards.straightdope.com/t/why-have-republicans-forgotten-the-unitary-executive-theory/705266 "2014-11-21T16:47:28Z")\
**Posts on this page:** 20\
**Page:** 3

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**Author:** ![Martin\_Hyde](https://avatars.discourse-cdn.com/v4/letter/m/47e85d/32.png) [@Martin\_Hyde](https://boards.straightdope.com/u/Martin_Hyde)\
**Post date:** [November 22, 2014, 2:05am UTC](https://boards.straightdope.com/t/why-have-republicans-forgotten-the-unitary-executive-theory/705266/41 "2014-11-22T02:05:28Z")

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Most people never knew about the theory in the first place. It’s another example of the asymmetric level of general political knowledge between message boards that are obsessed with the topic versus the public at large, many of whom care so little they don’t even bother to vote.

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**Author:** ![The\_Second\_Stone](https://avatars.discourse-cdn.com/v4/letter/t/bbe5ce/32.png) [@The\_Second\_Stone](https://boards.straightdope.com/u/The_Second_Stone)\
**Post date:** [November 22, 2014, 3:40am UTC](https://boards.straightdope.com/t/why-have-republicans-forgotten-the-unitary-executive-theory/705266/42 "2014-11-22T03:40:17Z")

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> [@BobLibDem](#):
>
> It would probably derail the thread to get too deep in the weeds about the racial component of Republican obstructionism, but in a nutshell: There has been exactly one black president. There has been exactly one time in history that the opposition party met on Inauguration Day to vow to obstruct an incoming president on every single thing he tried to accomplish. That opposition party has as its base the white racist vote. If you think racism has no part in Republican obstructionism, I think you’re fooling yourself.

Either that or the Republicans have just become even worse obstructionists than ever and it has nothing to do with race. For the record, I think Republicans are deeply racist to their very core having become the “Southern Strategy” and the obstructionism is caused by that racism.

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**Author:** ![John\_Mace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_mace/32/185_2.png) [@John\_Mace](https://boards.straightdope.com/u/John_Mace)\
**Post date:** [November 22, 2014, 3:43am UTC](https://boards.straightdope.com/t/why-have-republicans-forgotten-the-unitary-executive-theory/705266/43 "2014-11-22T03:43:35Z")

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> [@OP](#):
>
> Remember the W years? Not all that long ago? When Republicans were arguing for maximum scope of presidential autonomy from Congress, maximum powers, maximum freedom of action, even to the point of attaching an unprecedented number of “signing statements” to bills, all based on the strong version of the unitary executive theory?

Which particular current Republicans in Congress made a big deal about the UET during GWB’s presidency?

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**Author:** ![zardac](https://avatars.discourse-cdn.com/v4/letter/z/dfb087/32.png) [@zardac](https://boards.straightdope.com/u/zardac)\
**Post date:** [November 22, 2014, 5:06am UTC](https://boards.straightdope.com/t/why-have-republicans-forgotten-the-unitary-executive-theory/705266/44 "2014-11-22T05:06:27Z")

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through signing statements.

I’m discouraged that torture gained a level of acceptability during the Bush regime, and I’m unhappy that Obama is killing American citizens with drones.

But I guess we have (had?) a war going on.

I liked Carter’s sweaters and FDR’s fireside chats.

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**Author:** ![Learjeff](https://avatars.discourse-cdn.com/v4/letter/l/94ad74/32.png) [@Learjeff](https://boards.straightdope.com/u/Learjeff)\
**Post date:** [November 22, 2014, 8:58pm UTC](https://boards.straightdope.com/t/why-have-republicans-forgotten-the-unitary-executive-theory/705266/45 "2014-11-22T20:58:32Z")

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> [@BobLibDem](#):
>
> Because there’s a black guy in the White House. To be fair, they’ll be equally freaked out by a white woman.

Well, not if it was THEIR black man or white woman.

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**Author:** ![Learjeff](https://avatars.discourse-cdn.com/v4/letter/l/94ad74/32.png) [@Learjeff](https://boards.straightdope.com/u/Learjeff)\
**Post date:** [November 22, 2014, 9:03pm UTC](https://boards.straightdope.com/t/why-have-republicans-forgotten-the-unitary-executive-theory/705266/46 "2014-11-22T21:03:55Z")

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> [@Bricker](#):
>
> As David Bernstein wryly observes, listeners thought he meant that the biggest problems have to do with George Bush _trying to bring more and more power into the executive branch and not go through Congress at all_. What he actually meant was that the biggest problems have to do with \*George Bush \*trying to bring more and more power into the executive branch and not go through Congress at all.

Bingo! Similar to what he said about the constitutionality of initiating military action without congressional consent. I’m not an Obama hater, but as with most politicians, what he does is based more on the outcomes he wants than on the principles he espoused prior to office.

> [@](#):
>
> Now, liberals, how about you? Was it OK for Bush to do it?

I can’t speak for conservatives or liberals, being both and neither, but I’m in your camp that the same rules should apply. I suspect that Obama went about this the wrong way, but then, I’m not on his speed dial, and he might have more in mind than merely addressing an immigration issue.

I admit I am amused by the Republicans whining that they only needed one more term to actually get something done. Amused, but not surprised.

In any case, it’s a 2-year statement. What happens after that will depend on whoever gets elected. It’s really not worth the political hay either side is making. But making political hay is what politicians do, so I shouldn’t be surprised.

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**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\
**Post date:** [November 23, 2014, 5:15am UTC](https://boards.straightdope.com/t/why-have-republicans-forgotten-the-unitary-executive-theory/705266/47 "2014-11-23T05:15:25Z")

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> [@Buck\_Godot](#):
>
> Therefor they refuse to fulfill the role assigned to them by the constitution. If they are unable to perform their roll than the Executive needs to pick up the slack.

What Constitutional roll are they not performing? The [111th - 113th Congress](https://www.govtrack.us/congress/bills/statistics) considered over 35,000 pieces of legislation of which about 850 eventually became laws. [At least four treaties](https://www.senate.gov/pagelayout/legislative/one_item_and_teasers/trty_rtf.htm) have been ratified by the Senate. [According to this](http://en.wikipedia.org/wiki/List_of_federal_judges_appointed_by_Barack_Obama), 290 judges have been confirmed.

So please tell us which constitutional mandate Congress is not fullfillling along with a reference to the Article, Section and Clause.

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**Author:** ![John\_Mace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_mace/32/185_2.png) [@John\_Mace](https://boards.straightdope.com/u/John_Mace)\
**Post date:** [November 23, 2014, 6:10am UTC](https://boards.straightdope.com/t/why-have-republicans-forgotten-the-unitary-executive-theory/705266/48 "2014-11-23T06:10:28Z")

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> [@Buck\_Godot](#):
>
> The Republicans of the current congress have basically decided that they are unwilling to consider any legislation that might pass, for fear that the successful passage of any significant legislation will give Obama a “victory” which given their zeros sum game view of governance would mean a loss for them. Therefor they refuse to fulfill the role assigned to them by the constitution. If they are unable to perform their roll than the Executive needs to pick up the slack. Note: that this wasn’t his first choice for resolving this situation. It was only after months of trying to get any form of immigration bill onto the floor that he resorted to this.

Where does the constitution say that Congress must pass any legislation, much less this particular legislation? And where does the Constitution give the executive the power to “pick up the slack”? Where does the constitution put any time limit on the passage of legislation?

Sorry, but you’re trying to couch this in constitutional terms, but there is nothing in the constitution that supports your argument.

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**Author:** ![elucidator](https://avatars.discourse-cdn.com/v4/letter/e/8edcca/32.png) [@elucidator](https://boards.straightdope.com/u/elucidator)\
**Post date:** [November 23, 2014, 7:39am UTC](https://boards.straightdope.com/t/why-have-republicans-forgotten-the-unitary-executive-theory/705266/49 "2014-11-23T07:39:05Z")

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The Constitution is a clear and unambiguous framework that, somehow, conservatives consistently misunderstand. Something of a mystery in that,

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**Author:** ![John\_Mace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_mace/32/185_2.png) [@John\_Mace](https://boards.straightdope.com/u/John_Mace)\
**Post date:** [November 23, 2014, 4:43pm UTC](https://boards.straightdope.com/t/why-have-republicans-forgotten-the-unitary-executive-theory/705266/50 "2014-11-23T16:43:00Z")

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> [@elucidator](#):
>
> The Constitution is a clear and unambiguous framework that, somehow, conservatives consistently misunderstand. Something of a mystery in that,

Are you sure \*\*Buck Godot \*\*is a conservative?

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**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\
**Post date:** [November 24, 2014, 1:19am UTC](https://boards.straightdope.com/t/why-have-republicans-forgotten-the-unitary-executive-theory/705266/51 "2014-11-24T01:19:27Z")

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> [@elucidator](#):
>
> The Constitution is a clear and unambiguous framework that, somehow, conservatives consistently misunderstand. Something of a mystery in that,

What part are they misunderstanding? Be specific.

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**Author:** ![Stringbean](https://avatars.discourse-cdn.com/v4/letter/s/d6d6ee/32.png) [@Stringbean](https://boards.straightdope.com/u/Stringbean)\
**Post date:** [November 24, 2014, 1:58am UTC](https://boards.straightdope.com/t/why-have-republicans-forgotten-the-unitary-executive-theory/705266/52 "2014-11-24T01:58:43Z")

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> [@Saint\_Cad](#):
>
> What part are they misunderstanding? Be specific.

I believe his comment was a dig at “Constitutional constructionist” conservatives, a la Antonin Scalia.

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**Author:** ![Bone](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bone/32/407_2.png) [@Bone](https://boards.straightdope.com/u/Bone)\
**Post date:** [November 24, 2014, 3:23am UTC](https://boards.straightdope.com/t/why-have-republicans-forgotten-the-unitary-executive-theory/705266/53 "2014-11-24T03:23:22Z")

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> [@elucidator](#):
>
> The Constitution is a clear and unambiguous framework that, somehow, conservatives consistently misunderstand. Something of a mystery in that,

The Constitution is a clear and unambiguous framework that, somehow, liberals consistently misunderstand. Something of a mystery in that,

Yup, this is is still drivel.

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**Author:** ![John\_Mace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_mace/32/185_2.png) [@John\_Mace](https://boards.straightdope.com/u/John_Mace)\
**Post date:** [November 24, 2014, 4:35am UTC](https://boards.straightdope.com/t/why-have-republicans-forgotten-the-unitary-executive-theory/705266/54 "2014-11-24T04:35:00Z")

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> [@Stringbean](#):
>
> I believe his comment was a dig at “Constitutional constructionist” conservatives, a la Antonin Scalia.

I’m quite confident **elucidator** can speak for himself. But if you’re right, then… cool story, bro!

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**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\
**Post date:** [November 24, 2014, 4:50am UTC](https://boards.straightdope.com/t/why-have-republicans-forgotten-the-unitary-executive-theory/705266/55 "2014-11-24T04:50:07Z")

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> [@John\_Mace](#):
>
> I’m quite confident **elucidator** can speak for himself.

If he does, will it just be something like, “I interpret the Constitution that the government needs to do what I want it to do.”? Because invariably that how these posts always turn out if the person bothers to answer them. We’re still waiting for Buck Godot to back up his point.

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**Author:** ![Stringbean](https://avatars.discourse-cdn.com/v4/letter/s/d6d6ee/32.png) [@Stringbean](https://boards.straightdope.com/u/Stringbean)\
**Post date:** [November 24, 2014, 5:23pm UTC](https://boards.straightdope.com/t/why-have-republicans-forgotten-the-unitary-executive-theory/705266/56 "2014-11-24T17:23:33Z")

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> [@John\_Mace](#):
>
> I’m quite confident **elucidator** can speak for himself. But if you’re right, then… cool story, bro!

Okay. Sorry for trying to clear up the confusion.

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**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\
**Post date:** [November 27, 2014, 8:01pm UTC](https://boards.straightdope.com/t/why-have-republicans-forgotten-the-unitary-executive-theory/705266/57 "2014-11-27T20:01:47Z")

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I see Buck Godot and elucidator have failed to return

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**Author:** ![foolsguinea](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/foolsguinea/32/14751_2.png) [@foolsguinea](https://boards.straightdope.com/u/foolsguinea)\
**Post date:** [November 29, 2014, 1:54am UTC](https://boards.straightdope.com/t/why-have-republicans-forgotten-the-unitary-executive-theory/705266/58 "2014-11-29T01:54:42Z")

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Theory schmeory.

Think like an economist for a couple of minutes. The GOP as an enterprise relies on selling (both metaphorically and literally) a political position. The unitary executive theory does not offer any value to a Congressman nor a party of Congressmen. It was temporarily useful to explain not impeaching their comrade for war crimes, but it’s not useful in general.

With any Democrat in the White House, the unitary executive theory would be losing credibility for Congressmen. A negative level of personal utility so extreme that “suicidal” seems an apt descriptor.

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**Author:** ![foolsguinea](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/foolsguinea/32/14751_2.png) [@foolsguinea](https://boards.straightdope.com/u/foolsguinea)\
**Post date:** [November 29, 2014, 2:04am UTC](https://boards.straightdope.com/t/why-have-republicans-forgotten-the-unitary-executive-theory/705266/59 "2014-11-29T02:04:55Z")

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> [@Reyemile](#):
>
> On the other hand, I can’t think of an even _superficially_ rational justification to support Bush’s unitary executive while criticizing Obama for doing the same. It doesn’t even pass the smell test. Unless there is some subtlety I’m missing?

You’re arguing from principle. But for a politician, his career is on the line. Not only his few term-limited years in office, but the gravy that flows to the bootlickers of the GOP machinery and its funders, in the lecture circuit, jobs for the friendly, and corrupt contracts.

If one starts breaking with the big donors, he can go back to being a small-scale land speculator in Podunk; someone else will take the job and drink it up with a smile.

Politics isn’t “local” as commonly understood; it’s _personal._

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**Author:** ![foolsguinea](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/foolsguinea/32/14751_2.png) [@foolsguinea](https://boards.straightdope.com/u/foolsguinea)\
**Post date:** [November 29, 2014, 2:09am UTC](https://boards.straightdope.com/t/why-have-republicans-forgotten-the-unitary-executive-theory/705266/60 "2014-11-29T02:09:43Z")

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> [@BobLibDem](#):
>
> Because there’s a black guy in the White House. To be fair, they’ll be equally freaked out by a white woman.

Meh. Maybe, if Sheldon Adelson and the Koch brothers and so forth are both racist and sexist. But identitarian social justice may be missing the larger point.

Politicians are serving their careers not just by playing to the prejudices of their supporters (whether donors, voters, or perhaps most importantly party comrades who will support their bids for position); but by offering a point of distinction between themselves and the other party, so those supporters have a reason to care.

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