Ideas

The Ultimate Triumph of the Unitary Executive

A half century ago, a new and radical legal theory emerged. Now it is American law.

First published in The Atlantic on June 30, 2026.

by Peter M. Shane, The Atlantic

July 2, 2026 | reading time: 5 Min.

Nearly a half century ago, Ronald Reagan was elected on the promise of shrinking the federal government. Toward that end, his administration incubated a theory of presidential power that would give the president unprecedented control over all discretionary policy making within the executive branch. The new paradigm came to be known as “unitary executive theory.” Yesterday, in Trump v. Slaughter, that theory emerged triumphant.