The Supreme Court just embraced an incoherent theory of presidential power
thehill.com
The Supreme Court is holding two contradictory theories of presidential power at once — and The Hill argues neither one can survive contact with the other.
Separation of PowersUnitary Executive TheoryConstitutional OriginalismJudicial Consistency
Theory Briefing
- The Hill argues the Court has simultaneously embraced two executive-power doctrines that directly contradict each other.
- One theory expands presidential authority while the other constrains it — yet the Court applies both without reconciling the tension.
- The contradiction matters because it leaves the boundaries of executive power undefined and unpredictable for future cases.