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The unitary executive theory argues that the president has virtually complete and total executive power that is unchecked by Congress or the courts. This controversial theory has been invoked repeatedly by the Bush administration in justification of its boldest actions, both at home and abroad. It is touted by its adherents as being the intent of the founders, even though it eliminates many checks and balances that long have been considered a mainstay of our system of government. How could such a powerful and influential theory have flown under the radar for so long, only to rise to such prominence? Is the unitary executive truly what the founders wanted? And what is the legacy of such a presidency?
In Absolute Power, John P. MacKenzie looks at the origins and history of the unitary executive theory, examining its broad claims of presidential power in the light of the founders’ original writings as well as the actions of Presidents Jackson, Lincoln, Franklin Roosevelt, and Truman, all of whom tested the power of their office against that of Congress and the Supreme Court.
Arguing that the theory is historically baseless and relies on a misreading of the Constitution and The Federalist Papers, MacKenzie raises troubling questions about the lasting legal consequences of a presidency endowed with almost monarchic power. Because future presidents must confront the same concerns of power and governance, he argues, candidates for the office must demonstrate that they understand the issues and are willing to live with shared power.
ABOUT THE AUTHOR
John P. MacKenzie
John P. MacKenzie has worked as a reporter for the Washington Post (1956–77), covering the Supreme Court, and as an editorial writer at the New York Times (1977–97) and has been a visiting professor and scholar at New York University's School of Law. He is the author of The Appearance of Justice (Scribners, 1974).
SELECTED REVIEWS
“The most dangerous power grab in recent American history is the Bush Administration’s theory of ‘the unitary executive,’ which claims the right to ignore Congress and the courts on crucial issues. Jack MacKenzie’s book is a devastating critique of the theory, which he rightly says has ‘no basis in history or coherent thought.’ For everyone who prizes our freedom, it is must reading.”—Anthony Lewis, author and former New York Times columnist
“This cogent, readable volume punctures the overblown rhetoric defending executive unilateralism in a time of terror. MacKenzie, a distinguished legal journalist, traces and demolishes the legal theory of the ‘unitary executive’ as incoherent, ahistorical, and subversive of a constitutional system based on checks and balances.” —Harold Hongju Koh, Dean, Yale Law School, and former Assistant Secretary of State for Human Rights
“MacKenzie does an excellent job in narrating the tortuous history of a deeply flawed idea. He renders the key players and the major ideas in sharp and illuminating detail. His account is necessary reading for statesmen and citizens alike.” —Aziz Huq, Director, Liberty and National Security Project, Brennan Center for Justice at NYU School of Law
“Crisply and bluntly, Jack MacKenzie explains the damage to constitutional government when we forsake checks and balances and entrust all to presidential decisions.”
—Louis Fisher, author of Presidential War Power
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Taking Note
