The Unitary Executive Theory in Practice: <i>Bureaucratic Structure as an Obstacle to Executive Unilateralism</i>

This paper examines the viability of the controversial “unitary executive theory” (UET) in practice. Additionally, it explores the various ways by which scholars can publicly reason about the potential value of bureaucratic independence. This paper argues that, despite the genuine power that the president wields, bureaucracies remain extremely resilient to the kind of control the UET demands. In particular, the paper shows how bureaucracies are effectively path dependent organizations, the actions of which are constrained by their standard operation procedures, institutional interests, and workplace culture. Even so, because bureaucracies can still enter into equilibriums of power with aggressive executives, this paper argues that scholars must develop means of publicly reasoning about the value of independent bureaucracy that account for the unique aspects of American political culture.