RE: https://mastodon.social/@SeanCasten/116597017246406093

TL;DR

In case you missed it:

1980s: Reagan and Justice #Scalia push #UnitaryExecutiveTheory arguing that the Constitution vests all executive power directly in the President.

2001–2008: #GWBush uses "Unitary Executive Theory" to consolidate security services and justify signing statements on laws passed by Congress.

2014: #Trump stated on air: "If I decide to run for office, I'll produce my tax returns, absolutely... And I would love to do that. He would go on to repeat this during actual campaigns. He did not release them. https://en.wikipedia.org/wiki/Tax_returns_of_Donald_Trump

2019 While Trump was president, a man hired under Trump's IRS gave #TaxRecords to the New York Times while Trump was defying a congressional subpoena for records they were allowed by statute: https://en.wikipedia.org/wiki/Charles_E._Littlejohn

2020: In Seila Law LLC v. CFPB the Supreme Court claims "the entire 'executive power' belongs to the President alone" and strikes down removal protections for the director of the CFPB.

2024: In Trump v. US the Supreme Court granted presidents broad, near-absolute immunity from criminal prosecution for official acts. Also, the leaker of the records Congress couldn't get and that Trump promised was sentenced to 5 years in prison.

2025–2026: Over and over, "Unitary Executive Theory" is used to justify a purge of employees and departments Trump deems to be enemies.

2026/01/29: Trump sues his own IRS and Treasury over the leak of tax records that he had previously promised to release himself. He demanded 10⁶ × $10,000 — https://www.courtlistener.com/docket/72207870/trump-v-internal-revenue-service/

2026/05/18: Before showing up in court to answer "is Trump just suing himself with our $$$ at stake?" they settled out of court for a reported 10⁶ × $1776 — no Court, no Congress, no Transparency.

Jamelle Bouie on clayton's presidenting and UET

'Proponents of the unitary executive theory call it necessary for presidential accountability. This is backward. The theory works instead to shield the president from legislative scrutiny — to render him unaccountable except for a single, quadrennial election. This runs against the structure of the Constitution'

#usPol #unitaryExecutiveTheory #trump

https://www.nytimes.com/2025/12/17/opinion/trump-presidential-power-miller-vought.html?unlocked_article_code=1.9U8.dZGD.voY4uCWp8Yvh&smid=url-share

#DickCheney also called Galactus !
#UnitaryExecutiveTheory
#ThéorieDeLExécutifUnitaire
in Vice (2018), by Adam McKay

https://youtu.be/_UPvTdDB-h0si=RrdsI8GTlbc9Y5wx

#MastoFilm #CineMastodon

“Caleb Nelson, one of the most respected originalist scholars in the country, comes out against the unitary executive interpretation” of the #Constitution.”

Professor Nelson is a former #ClarenceThomas law clerk and is often cited in opinions by the six conservative members of #SCOTUS. According to Nelson, reversing the landmark case #HumphreysExecutor would be an originalism mistake.

#originalism #ruleoflaw #legal #unitaryexecutivetheory

https://www.dorfonlaw.org/2025/10/the-emperors-new-clothes-originalism.html