Limited Executive NOT a King:
If only there was some way to determine what the founders intended and the social contract we started with the Magna Carta through the Constitution and Amendments have established. Perhaps we can infer from the fact, firstly (1): that Congress was defined BEFORE the president in Article I. A King, of supreme importance would be established first, no? (Article II contra Article I).
(2) Secondly, if the President is to be a King, a unitary executive, why did the framers not allow him to even choose his own Vice President? Instead, the framers explicitly established an adversarial Vice President in the Executive branch with no provisions for the President to unilaterally fire or replace the Vice President? (See Article II, section I original text before Amendment 12 circa 1804, et seq.)
(3) Thirdly, if the President is to be a unitary executive, a king, why is his oath to “preserve, protect, and defend the Constitution” – and not the Presidency? (Article II, Section 1) – moreover, why must he “faithfully execute the laws” which are established by Congress? (Article II, Section 3).
(4) How can anyone suggest the president has plenary power over all the other Officers of the executive (whose oaths are also to the Constitution and NOT the president) if the president cannot even appoint his own “executive” Officers without Congressional “advice and consent” / confirmation?
(5) Even with senate confirmation of his Officers, the president’s only expressly defined Constitutional power with respect to those officers is that he may “require the Opinion, in writing,” of exclusively the “principal Officer” of the executive departments and only on subjects relevant to their duties. He has no power to require the written opinion of subordinates; his power only extends to the Congressionally-confirmed principal Officer. The president isn’t empowered to define the Opinion, modify the Opinion, apply pressure to the principal officer, demand his presence and verbal report, etc. (Article II, Section 2).
Considering longstanding cannons of statutory and constitutional construction, such as: expressio unius est exclusio alterius (by stating something you exclude the alternatives not mentioned) – AND the Constitution expressly: (1) providing for impeachment (not executive whim or pleasure) as the sole mechanism to remove Officers of the executive; (2) providing for Congressional supervision of executive Officer commissioning; (3) providing for democratic election of the Vice President with no input from the President or ability to remove/replace; and (4) establishing all officers to have loyalty solely to the Constitution and not the President – where does this unilateral power to fire any and all executive officers (without the Constitutionally prescribed impeachment) come from?
Still further, considering the Avoidance of Absurdities and No Surplusage or No Superfluous words cannons (that every word in the Constitution should be given effect and absurd results avoided): why would the Constitution expressly grant the president only the right to “require the opinion” of the heads of departments when he, arguendo, already has been granted plenary power over all executive officers? Wouldn’t this power to require reports then be surplusage and absurd? The entire universe of plenary, absolute power over all executive officers AND he can require a report? Silliness.
It wasn’t until 1926 in the Meyers case that the Supreme Court established this unilateral removal power of the president – couched on the mandate and duty that the president “take care that the laws be faithfully executed.” Quite a stretch in my opinion – that a clause limiting the president and subordinating him to the laws of the Congress has been distorted to grant the president unitary executive powers.
Make your mind up yourself – below is the text of the original Constitution (including the text before the 12th Amendment with salient portions in bold). The Constitution ONLY gives the president the power to “require the opinion” of those executive officers not to terrorize them into compliance with his whims.
Article II
Section. 1.
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Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:—”I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”
Section. 2.
The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.
He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.
Section. 3.
He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.
Fully enabled (or half-baked?) 