ABSTRACT

Apart from the matter of how the unitary executive theory has developed over the years, there is the issue of whether the theory is normatively attractive and deserves support. This chapter assesses some of the main normative arguments in favor of the unitary executive, as it considers whether the unitary executive is in fact faithful to the wishes of Alexander Hamilton and the other American founders, consonant with (or even mandated by) the Constitution, justified in terms of the doctrine of necessity or inherent power, facilitates good governance and administrative efficacy, and fosters accountability for governmental successes and failures. Some of the arguments in favor of the unitary executive are more persuasive than others, but each is open to various objections, counterarguments, and mitigating considerations, and none is so radically compelling as to settle the debate or conclusively prove the desirability of the unitary executive. As a result, the unitary executive remains attractive for some but not for others.