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Arthur P Wolinsky's avatar

Great article.

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Nate Wiggins's avatar

This is probably the most articulate I’ve seen someone discuss the unitary exec theory, outside of Scalia. I tend to agree that, in our modern, globalized era, there needs to be more efficiency we can gain in our federal governance. One concern that I (and I’m sure others) have here is that, quite frankly, I don’t see how executive centralization will make regulatory agencies any less biased than they already are, except now it’ll just sometimes be a conservative bias. You did touch upon this, which I respect, but I haven’t seen anything to coax those fears from any proponent of the unitary executive theory or this particular strain of regulatory reform, even Scalia himself. The point of reform shouldn’t be to “own the libs”, after all, but to ensure we have an unbiased civil service that is both efficient and answerable to the people.

I could perhaps see Schedule F paired with stronger Congressional participation in directly deciding upon significant regulation, kinda like the approach Congress took with the War Powers Resolution (although that resolution is constitutionally dubious). The Founders intended for Congress to be first among equals, after all, so a pairing of a strong, Hamiltonian-style executive with a more Jeffersonian-style Congress could be a best of both worlds. This is just one of those issues that I think needs to be sincerely and deeply thought about before taking broad actions, whether by conservatives, liberals, or moderates of any kind.

Apologies for the wall of text. And again, really great article! I learned quite a lot reading it.

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