# Why have Republicans forgotten the "unitary executive theory"? **URL:** \ **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:** 15\ **Page:** 4
**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, 2:28am UTC](https://boards.straightdope.com/t/why-have-republicans-forgotten-the-unitary-executive-theory/705266/61 "2014-11-29T02:28:25Z")
> [@Saint\_Cad](#): > > So please tell us which constitutional mandate Congress is not fullfillling along with a reference to the Article, Section and Clause. I am hardly a constitutional lawyer, but are you familiar with Article I, section 9, clause 7? It’s pretty short, but fraught with implication. I find it interesting that present statute requires the President to submit a budget early each year ( [31 U.S. Code § 1105 - Budget contents and submission to Congress | U.S. Code | US Law | LII / Legal Information Institute](http://www.law.cornell.edu/uscode/text/31/1105) ) but apparently gives no deadline for Congress to pass it? And yet in order to fulfill their obligations, Congress has to pass _some_ kind of revenue collection. Tell me, when was the last time Congress either passed the President’s budget or passed one of their own? ---
**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 29, 2014, 5:30pm UTC](https://boards.straightdope.com/t/why-have-republicans-forgotten-the-unitary-executive-theory/705266/62 "2014-11-29T17:30:00Z")
> [@foolsguinea](#): > > I am hardly a constitutional lawyer, but are you familiar with Article I, section 9, clause 7? It’s pretty short, but fraught with implication. > > I find it interesting that present statute requires the President to submit a budget early each year ( [31 U.S. Code § 1105 - Budget contents and submission to Congress | U.S. Code | US Law | LII / Legal Information Institute](http://www.law.cornell.edu/uscode/text/31/1105) ) but apparently gives no deadline for Congress to pass it? And yet in order to fulfill their obligations, Congress has to pass _some_ kind of revenue collection. > > Tell me, when was the last time Congress either passed the President’s budget or passed one of their own? You mean this? [QUOTE=Article I, Section 9, Clause 7] No money shall be drawn from the treasury, but in consequence of appropriations made by law; and a regular statement and account of receipts and expenditures of all public money shall be published from time to time. [/QUOTE] That’s a \*limitation \*on Congress, not a duty. And point out anywhere in the Constitution where a budget has to be made? So I’m not sure where you are going with all of this. The House originates revenue bills under I,7,i. No budget _is required by the Constitution_, the government could run as a a pay-as-you-go system if they wanted to - which is kind of what they do with those ad-hoc bills to avoid a government shutdown. What’s the problem ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [November 29, 2014, 9:31pm UTC](https://boards.straightdope.com/t/why-have-republicans-forgotten-the-unitary-executive-theory/705266/63 "2014-11-29T21:31:23Z")
> [@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. > [@Saint\_Cad](#): > > 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. > [@foolsguinea](#): > > I am hardly a constitutional lawyer, but are you familiar with Article I, section 9, clause 7? It’s pretty short, but fraught with implication. > > I find it interesting that present statute requires the President to submit a budget early each year ( [31 U.S. Code § 1105 - Budget contents and submission to Congress | U.S. Code | US Law | LII / Legal Information Institute](http://www.law.cornell.edu/uscode/text/31/1105) ) but apparently gives no deadline for Congress to pass it? And yet in order to fulfill their obligations, Congress has to pass _some_ kind of revenue collection. > > Tell me, when was the last time Congress either passed the President’s budget or passed one of their own? Art I, section 9, clause 7 says that the United States cannot spend any money that it has not first voted to spend. The last time Congress passed a budget was Dec 2013, in a 64-36 Senate vote and a 332-94 House vote. Why? ---
**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:** [December 1, 2014, 8:48pm UTC](https://boards.straightdope.com/t/why-have-republicans-forgotten-the-unitary-executive-theory/705266/64 "2014-12-01T20:48:29Z")
What was the last time before that? I find it interesting that US Code gives the President a February deadline for submitting a budget, but Congress, being constitutionally above practically all law, has no obligation to pass any budget. And if they want to fail to do so, they are well within the law, both constitutionally and statutorily, _because when Congress does something, that means it is not illegal._ So arguing about whether Congress is living up to its Constitutional duties is arguing the wrong question. The Constitution apparently imposes only powers on Congress, not duties. At least, that’s what the present GOP believe. The question isn’t whether they’re within the Constitution. The question is whether they’re taking the country on a responsible and judicious path, given there are no laws to constrain them nor road signs to follow. ---
**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:** [December 1, 2014, 8:57pm UTC](https://boards.straightdope.com/t/why-have-republicans-forgotten-the-unitary-executive-theory/705266/65 "2014-12-01T20:57:01Z")
> [@foolsguinea](#): > > What was the last time before that? > > I find it interesting that US Code gives the President a February deadline for submitting a budget, but Congress, being constitutionally above practically all law, has no obligation to pass any budget. > > And if they want to fail to do so, they are well within the law, both constitutionally and statutorily, _because when Congress does something, that means it is not illegal._ > > So arguing about whether Congress is living up to its Constitutional duties is arguing the wrong question. The Constitution apparently imposes only powers on Congress, not duties. At least, that’s what the present GOP believe. > > The question isn’t whether they’re within the Constitution. The question is whether they’re taking the country on a responsible and judicious path, given there are no laws to constrain them nor road signs to follow. It would seem that Congress has one duty: _The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day._ I could have missed some, but that’s the only one I can see. ---
**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:** [December 2, 2014, 12:44am UTC](https://boards.straightdope.com/t/why-have-republicans-forgotten-the-unitary-executive-theory/705266/66 "2014-12-02T00:44:08Z")
> [@John\_Mace](#): > > It would seem that Congress has one duty: > > _The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day._ > > I could have missed some, but that’s the only one I can see. Count the electoral votes (OK technically the President of the Senate does that but Congress acts as the witnesses). Choosing a President and/or Vice-President is none receives a majority of the electoral votes. Guarantee a republican form of government for the States. Call a Constitutional Convention upon petition of 2/3 of the States. ---
**Author:** ![rowrrbazzle](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rowrrbazzle/32/414_2.png) [@rowrrbazzle](https://boards.straightdope.com/u/rowrrbazzle)\ **Post date:** [December 3, 2014, 4:34am UTC](https://boards.straightdope.com/t/why-have-republicans-forgotten-the-unitary-executive-theory/705266/67 "2014-12-03T04:34:04Z")
(sorry, wrong forum) ---
**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:** [December 3, 2014, 8:12am UTC](https://boards.straightdope.com/t/why-have-republicans-forgotten-the-unitary-executive-theory/705266/68 "2014-12-03T08:12:18Z")
Maybe the problem in our political system is that Congress has ultimate power but practically no duties. That seems an obvious cause of corruption. ---
**Author:** ![BrainGlutton](https://avatars.discourse-cdn.com/v4/letter/b/82dd89/32.png) [@BrainGlutton](https://boards.straightdope.com/u/BrainGlutton)\ **Post date:** [December 3, 2014, 3:05pm UTC](https://boards.straightdope.com/t/why-have-republicans-forgotten-the-unitary-executive-theory/705266/69 "2014-12-03T15:05:25Z")
> [@foolsguinea](#): > > Maybe the problem in our political system is that Congress has ultimate power but practically no duties. That seems an obvious cause of corruption. What, is it different for any other legislature? ---
**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:** [December 3, 2014, 4:20pm UTC](https://boards.straightdope.com/t/why-have-republicans-forgotten-the-unitary-executive-theory/705266/70 "2014-12-03T16:20:40Z")
> [@foolsguinea](#): > > Maybe the problem in our political system is that Congress has ultimate power but practically no duties. That seems an obvious cause of corruption. What duties would you like them to have? How would duties reduce corruption? Seems like the more Congress _has_ to do, the more corrupting influences would come into play. ---
**Author:** ![Snowboarder\_Bo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/snowboarder_bo/32/229_2.png) [@Snowboarder\_Bo](https://boards.straightdope.com/u/Snowboarder_Bo)\ **Post date:** [December 3, 2014, 4:37pm UTC](https://boards.straightdope.com/t/why-have-republicans-forgotten-the-unitary-executive-theory/705266/71 "2014-12-03T16:37:41Z")
> [@JesterX](#): > > **The republican opposition to all things related to Obama have been a wholesale departure from prior practice and have pushed the envelope far beyond what’s previously been accepted approach.** Perennial filibustering of his nominees, refusing to work with him on anything and blaming HIM for it, etc. > > Every action has an equal and opposite reaction. This is Obama finally realizing that republicans are not acting in good faith > [@Bricker](#): > > **On the contrary, the Democrats have been responsible for the onset of each of those tactics, and are then subsequently outraged when the tactics are used against them**. Robert Bork’s nomination was sidelined by threats of filibusters, an action essentially without precedent. > > But let me guess – Bork was a dangerous nominee, and it was RIGHT to do that to him. Wrong to do it to Obama’s good and decent servants of the public, though. > > Is that close? So your claim is that the Democrats are responsible for “the republican opposition to all things related to Obama”? This is the fundamental basis of your position? The GOP never initiated anything? They have just been reacting to things that the Democratic Party did first? :dubious: ---
**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:** [December 4, 2014, 7:10am UTC](https://boards.straightdope.com/t/why-have-republicans-forgotten-the-unitary-executive-theory/705266/72 "2014-12-04T07:10:09Z")
Well, from a movement conservative point of view, the progressives and New Dealers (now “Democrats”) betrayed the nation repeatedly at various points in the past. Opening borders, telling police they can’t just frame people, trying to shut down good ol’ Jim Crow, suing job creators over frivolous cases, etc. So, yeah, when you don’t recognize your country anymore, to the point a mulatto with an Arabic name, _from the overseas country of Hawai’i,_ is in the White House, and you still don’t have a cap on torts, and your primary care physician is an Arab—well, all’s fair in love and war, right? ---
**Author:** ![CandidGamera](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/candidgamera/32/2878_2.png) [@CandidGamera](https://boards.straightdope.com/u/CandidGamera)\ **Post date:** [December 4, 2014, 2:09pm UTC](https://boards.straightdope.com/t/why-have-republicans-forgotten-the-unitary-executive-theory/705266/73 "2014-12-04T14:09:48Z")
Republicans will do anything to advance their ideology. They want the power to reside with a Republican. The argument they use to try and achieve that is just window dressing. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [December 4, 2014, 4:11pm UTC](https://boards.straightdope.com/t/why-have-republicans-forgotten-the-unitary-executive-theory/705266/74 "2014-12-04T16:11:23Z")
> [@Snowboarder\_Bo](#): > > So your claim is that the Democrats are responsible for “the republican opposition to all things related to Obama”? This is the fundamental basis of your position? The GOP never initiated anything? They have just been reacting to things that the Democratic Party did first? :dubious: Yes. In each case, the Republicans RESPONDED to a general tactic. ---
**Author:** ![Airbeck](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/airbeck/32/6574_2.png) [@Airbeck](https://boards.straightdope.com/u/Airbeck)\ **Post date:** [December 4, 2014, 4:29pm UTC](https://boards.straightdope.com/t/why-have-republicans-forgotten-the-unitary-executive-theory/705266/75 "2014-12-04T16:29:29Z")
> [@Bricker](#): > > Yes. In each case, the Republicans RESPONDED to a general tactic. What were the Republicans responding to when they met on Inauguration day 2008 and vowed to oppose everything Obama ever tried to do? Were they responding to him simply daring to be elected President? What did the Democrats to do cause that ‘response’, pray tell? [Previous page](https://boards.straightdope.com/t/why-have-republicans-forgotten-the-unitary-executive-theory/705266.md?page=3)