Jefferson's Unitary Executive Theory, as Expressed in His Presidential Newspaper

• In Event: The Historical Presidency, Populism, and Politics

Abstract

The presidency of Donald Trump has brought renewed interest in the Unitary Executive Theory of the office. The President has often suggested that he believes all law enforcement decisions are ultimately his alone. The theory has for some time been the subject of intense scholarly debate, much of it grounded in U.S. political history. This paper adds to that history by examining a neglected source: the explanations for the appointments and prosecutorial decisions made by Thomas Jefferson that were published in his presidential newspaper, the National Intelligencer. Some of the first actions Jefferson took as president were in the field of law enforcement. He pardoned and remitted the fines of Republican editors who had been convicted under the Sedition Act, ordered the dismissal of other ongoing prosecutions, and took control of future prosecutions in the federal courts by dismissing all current U.S. attorneys and marshals and replacing them with loyal Republicans.

These actions, and Jefferson’s appointments in general, were criticized by Federalists. The Republicans responded to the attacks through anonymous commentaries in the National Intelligencer. Those commentaries asserted that Jefferson could assert total control over appointments of, and actions by, all executive branch officials including those involved in law enforcement. The commentaries argued further that in these actions the President was carrying out the new expressed “will of the people” regarding the administration of justice at the national level. Coming from the newspaper that was widely understood to be speaking on Jefferson’s behalf, these explanations shed new light on Jefferson’s understanding of his authority over the executive branch and thereby add a new dimension to the debate over the origins and legitimacy of the Unitary Executive Theory.

Author

• Melvin Laracey, University of Texas San Antonio