1. United States
2. Utah
3. Letter

Oppose Unitary Executive Theory and Restore Constitutional Balance The unitary executive theory threatens the constitutional balance of power that has sustained our democracy for over two centuries. This theory, which holds that the president has sole authority over the executive branch, has expanded dramatically since the Reagan administration and reached unprecedented levels during the Trump presidency. In 2019, President Trump claimed, "I have an Article II, where I have the right to do whatever I want as president." Upon taking office in his second term, he undertook mass firings of federal employees, inspectors general, and members of independent agencies, with his administration asserting a constitutional right to control and even cease enforcement of federal law. The Supreme Court's 5-4 ruling in 2020 that "the entire 'executive Power' belongs to the President alone" represents a dangerous interpretation of the Vesting Clause that ignores constitutional checks and balances. Recent decisions in Seila Law LLC v. Consumer Financial Protection Bureau and Collins v. Yellen have further emboldened this theory. The shadow docket has compounded these problems by allowing major constitutional questions to be decided without full briefing or oral argument. Constitutional scholars including Lawrence Lessig, Cass Sunstein, David Barron, and Marty Lederman argue that Congress was given discretion to structure the government as it saw fit, not to cede authority to an unchecked executive. Congress has abdicated its constitutional responsibilities by allowing this power concentration. The judiciary has compounded this problem through rulings that elevate executive authority above legislative intent. This movement toward authoritarian oligarchy, led by someone with dictatorial ambitions, must be stopped now. The Opinion Clause, which allows the president to request written opinions from department officers, demonstrates the Founders understood the president would not have absolute control over executive functions. I urge you to reassert Congress's constitutional role by opposing expansions of unitary executive theory, strengthening legislative oversight mechanisms, and supporting judicial nominees who respect the separation of powers. All branches of government must return to their own lanes. Our constitutional system depends on it.