Theory of the unitary executive and presidential oversight of independent agencies in the United States

During the XXth century, limits were imposed on the President’s ability to control independent agencies. Thus independent agencies are protected not only against full control of the appointment and at-will removal of their commissioners/administrators by the President but also against full presidential oversight of their rulemaking processes. During the current early decades of the XXIst century, due to the increasing influence of the unitary executive theory, this dual protection has been showing signs of destabilization. Nowadays, the most tangible manifestations of destabilization are to be found in court decisions dealing with appointment and removal protection. As a result, the capacity of Congress to design the administrative state is restricted with regard to not only independent agencies’ commissioners/administrators but also to their administrative law judges.