Wednesday, January 09, 2008

Whither the Unitary Executive?

The Bush administration has been most emphatic about the theory of the unitary executive. This theory, as you will recall, was developed in the Reagan administration as a way to justify unilateral actions and near-absolute control over the executive branch and the actions of its agents. The theory itself appeared in each administration, in one form or the other, up through the current Bush administration, which went professional with the ideal.

President Bush made sure to defend the many actions he took by mentioning the unitary executive in his public pronouncements. Sometimes he repeated the term to make sure we all got the point. For example, when he signed this Justice Department appropriations bill, President Bush mentioned the "unitary executive" eight separate times.

From 2001-2006, the term appeared in signing statements, executive orders, and other public pronouncements. In total, President Bush used the term 146 times, with an average each year of 24. But then came the 2006 midterm elections and the Republican losses in the House and Senate, giving the president true divided government for the first time in his administration.

Now that 2007 has ended, what can be said about the number of times the unitary executive made into various documents? Before I answer this, let me repeat my hunch that something has happened in the Office of the Vice President that has muted its effect on the executive branch. As we know now, the vice president had hijacked the process whereby a signing statement gets added to a bill the president signs. The vice president was also out in front in challenging the Congress as well as pushing for expansive presidential powers. But in the last year, very little has been written about Cheney or Addington outside the articles that look back on the glory days of unified government.

In 2007, the term "unitary executive" did not appear in any public pronouncement. Where he averaged 24 uses per year through 2006, he dropped to 0 for 2007. As I noted before, when a president's aggressiveness sparks a collective outrage, it has an effect on the president's actions. Thus all that has been written about President Bush's defense of the unitary executive has had the effect of forcing him into silence about his beliefs. It is an interesting turn of events. We shall see if the term reappears in 2008 as the eyes of the country turn towards the election and inauguration of the 44th President.