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Their wordsAnd yet, our current structure in the U.S. is simply not sustainable.
Their wordsthe “unitary executive” is, quite simply, incompatible with a theory of checks and balances. A President who is 1) above the law; 2) can hire and fire everyone under him at will; and 3) decide to withhold or spend appropriated funds as he sees fit with no real way to stop him other than impeachment is no longer a “coequal” branch.
Their wordsSo what would a fourth branch look like? Well, since my McGill talk, and particularly since Trump 2.0 and the Supreme Court’s expansive embrace of the unitary executive theory, I think a fourth branch would need to include more than just the Justice Department. It would also need to include any institution that must remain independent in order for the republic to continue existing.
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