
The Supreme Court’s New Vision
By Graham G. Dodds, Professor of Political Science, Concordia University
(The CONVERSATION) President Donald Trump set the tone for his second term by issuing 26 executive orders, four proclamations and 12 memorandums on his first day back in office. The barrage of unilateral presidential actions has not yet let up.
These have included Trump’s efforts to remove thousands of government workers and fire several prominent officials, such as members of the Corporation for Public Broadcasting and the chair of the Commission on Civil Rights. He has also attempted to shut down entire agencies, such as the Department of Education and the U.S. Agency for International Development.
For some scholars, these actions appear rooted in the psychology of an unrestrained politician with an overdeveloped ego.
But it’s more than that.
As a political science scholar who studies presidential power, I believe Trump’s recent actions mark the culmination of the unitary executive theory, which is perhaps the most contentious and consequential constitutional theory of the past several decades.
A prescription for a potent presidency
In 2017, Trump complained that the scope of his power as president was limited “You know, the saddest thing is that because I’m the president of the United States, I am not supposed to be involved with the Justice Department. I am not supposed to be involved with the FBI, I’m not supposed to be doing the kind of things that I would love to be doing. And I’m very frustrated by it.”
The unitary executive theory suggests that such limits wrongly curtail the powers of the chief executive.
Formed by conservative legal theorists in the 1980s to help President Ronald Reagan roll back liberal policies, the unitary executive theory promises to radically expand presidential power.
There is no widely agreed upon definition of the theory. And even its proponents disagree about what it says and what it might justify. But in its most basic version, the unitary executive theory claims that whatever the federal government does that is executive in nature – from implementing and enforcing laws to managing most of what the federal government does – the president alone should personally control it.
This means the president should have total control over the entire executive branch, with its dozens of major governmental institutions and millions of employees. Put simply, the theory says the president should be able to issue orders to subordinates and to fire them at will.
The president could boss around the FBI or order the U.S. attorney general to investigate his political opponents, as Trump has done. The president could issue signing statements – a written pronouncement – that reinterpret or ignore parts of the laws, like George W. Bush did in 2006 to circumvent a ban on torture. The president could control independent agencies such as the Securities and Exchange Commission and the Consumer Product Safety Commission. The president might be able to force the Federal Reserve to change interest rates, as Trump has suggested. And the president might possess inherent power to wage war as he sees fit without a formal authorization from Congress, as officials argued during Bush’s presidency.
A constitutionally questionable doctrine
A theory is one thing. But if it gains the official endorsement of the Supreme Court, it can become governing orthodoxy. It appears to many observers and scholars that Trump’s actions have intentionally invited court cases by which he hopes the judiciary will embrace the theory and thus permit him to do even more. And the current Supreme Court appears ready to grant that wish.
Until recently, the judiciary tended to indirectly address the claims that now appear more formally as the unitary executive theory.
During the country’s first two centuries, courts touched on aspects of the theory in cases such as Kendall v. U.S. in 1838, which limited presidential control of the postmaster general, and Myers v. U.S. in 1926, which held that the president could remove a postmaster in Oregon. In 1935, in Humphrey’s Executor v. U.S., the high court unanimously held that Congress could limit the president’s ability to fire a commissioner of the Federal Trade Commission. And in Morrison v. Olson the court in 1988 upheld the ability of Congress to limit the president’s ability to fire an independent counsel.
Some of those decisions aligned with some unitary executive claims, but others directly repudiated them.
Warming up to a unitary executive
In a series of cases over the past 15 years, the Supreme Court has moved in an unambiguously unitarian, pro-presidential direction. In these cases, the court has struck down statutory limits on the president’s ability to remove federal officials, enabling much greater presidential control.
These decisions clearly suggest that long-standing, anti-unitarian landmark decisions such as Humphrey’s are on increasingly thin ice. In fact, in Justice Clarence Thomas’ 2019 concurring opinion in Seila Law LLC v. CFPB, where the court ruled the Consumer Financial Protection Bureau’s leadership structure was unconstitutional, he articulated his desire to “repudiate” the “erroneous precedent” of Humphrey’s.
Several cases from the court’s emergency docket, or shadow docket, in recent months indicate that other justices share that desire. Such cases do not require full arguments but can indicate where the court is headed.
In Trump v. Wilcox, Trump v. Boyle and Trump v. Slaughter, all from 2025, the court upheld Trump’s firing of officials from the National Labor Relations Board, the Merit Systems Protection Board, the Consumer Product Safety Commission and the Federal Trade Commission.
Previously, these officials had appeared to be protected from political interference.
Total control
Remarks by conservative justices in those cases indicated that the court will soon reassess anti-unitary precedents.
In Trump v. Boyle, Justice Brett Kavanaugh wrote, “whether this Court will narrow or overrule a precedent … there is at least a fair prospect (not certainty, but at least a reasonable prospect) that we will do so.” And in her dissent in Trump v. Slaughter, Justice Elena Kagan said the conservative majority was “raring” to overturn Humphrey’s and finally officially embrace the unitary executive.
In short, the writing is on the wall, and Humphrey’s may soon go the way of Roe v. Wade and other landmark decisions that had guided American life for decades.
As for what judicial endorsement of the unitary executive theory could mean in practice, Trump seems to hope it will mean total control and hence the ability to eradicate the so-called “deep state.” Other conservatives hope it will diminish the government’s regulatory role.
Kagan recently warned it could mean the end of administrative governance – the ways that the federal government provides services, oversees businesses and enforces the law – as we know it:
“Humphrey’s undergirds a significant feature of American governance: bipartisan administrative bodies carrying out expertise-based functions with a measure of independence from presidential control. Congress created them … out of one basic vision. It thought that in certain spheres of government, a group of knowledgeable people from both parties – none of whom a President could remove without cause – would make decisions likely to advance the long-term public good.” If the Supreme Court officially makes the chief executive a unitary executive, the advancement of the public good may depend on little more than the whims of the president, a state of affairs normally more characteristic of dictatorship than democracy. (The CONVERSATION)
Tennessee Celebrates Minority Enterprise Development Week, October 12–19
Governor Bill Lee Issues Proclamation; Contracting Summit in Nashville Highlights Opportunities
NASHVILLE, TN – Tennessee House Minority Leader State Representative Karen Camper announced today that Governor Bill Lee has officially proclaimed October 12–19, 2025 as Minority Enterprise Development (MED) Week in Tennessee. The proclamation highlights the vital role minority-owned businesses play in strengthening communities, creating jobs, and driving innovation across the state.
As part of Tennessee’s observance, Leader Camper will host a Contracting Summit on October 14, 2025, from 9:00 a.m. to 3:00 p.m. at the William Snodgrass Tennessee Tower Conference Center in Nashville. The event is organized in partnership with the Nashville Black Hospitality Group, Darrell S. Freeman Sr. Incubation and Innovation Center, Nashville Black Chamber of Commerce, Urban League of Middle Tennessee, Tennessee Pride Chamber, Nashville Area Hispanic Chamber of Commerce, U.S. Small Business Administration, and other community partners. The summit will feature workshops, agency and corporate roundtables, and one-on-one matchmaking opportunities designed to connect minority-owned firms with procurement officers, capital providers, and technical resources.
To register for the summit please click the following link: www.LeaderKarenCamper.com/TNMEDWeek
Leader Camper emphasized the importance of this year’s commemoration:
“Minority businesses are the lifeblood of our neighborhoods and a cornerstone of our state’s economic growth. When we support and invest in minority entrepreneurs, we are investing in stronger communities, greater innovation, and a brighter future for all Tennesseans. MED Week is not just about recognition—it is about action, partnership, and continued commitment.”
About Minority Enterprise Development (MED) Week
Origins and National History
MED Week was first established in 1983 by President Ronald Reagan through a Presidential Proclamation to recognize the outstanding achievements of minority entrepreneurs and highlight the significant contributions of minority-owned businesses to the U.S. economy. Since then, MED Week has been celebrated annually, coordinated nationally by the U.S. Department of Commerce’s Minority Business Development Agency (MBDA), with local observances hosted in cities and states across the country.
The original intent of MED Week was twofold:
- Celebrate entrepreneurial excellence by honoring successful minority-owned firms.
- Expand opportunity by providing workshops, networking events, and matchmaking opportunities between minority businesses and public/private sector partners.
Impact on the Economy
Today, minority-owned businesses represent one of the fastest-growing segments of the U.S. economy. According to the U.S. Census Bureau, there are more than 9.4 million minority-owned firms nationwide, generating over $1.6 trillion in annual revenue and employing more than 8.7 million workers. These businesses are critical to community wealth-building, job creation, and innovation across industries—from technology and manufacturing to health care and professional services.
MED Week plays a crucial role in ensuring that these enterprises are not only celebrated but also connected to the resources, capital, and contracting opportunities they need to thrive.
Tennessee’s Commitment
In Tennessee, the observance of MED Week has gained new visibility and momentum. Governor Bill Lee’s proclamation underscores the bipartisan recognition that supporting minority business enterprises strengthens the entire state economy.
The Nashville Contracting Summit on October 14 is a cornerstone of this year’s celebration, providing real access points for minority-owned businesses to expand their reach and capacity. By bringing together public officials, private industry leaders, and community organizations, the summit turns MED Week into meaningful action for Tennessee entrepreneurs.
Why MED Week Matters
- Equity in Opportunity: Minority businesses often face barriers in accessing capital, markets, and contracting pipelines. MED Week is about breaking down those barriers.
- Strengthening Communities: When minority businesses succeed, they create jobs, build wealth, and reinvest in their neighborhoods.
- Innovation & Competitiveness: A diverse business community fuels creativity and economic resilience, benefiting Tennessee and the nation as a whole.
This year’s proclamation by Governor Lee and the Nashville Contracting Summit affirms that supporting minority businesses is not a partisan issue but a shared responsibility. By uniting around the vision of economic empowerment, Tennessee can ensure that all entrepreneurs—regardless of background—have the opportunity to thrive and contribute to the state’s prosperity.
The Nobel Prize, U.S. currency and coins…well, here we go again!
Unwilling to let a delicious controversy to go by without weighing in – this time about a Nobel Peace Prize nomination, debates about images on U.S. currency or legislation to get their hero’s face on a coin – well, here I go again. The names we’re talking about here are, respectively, Nobel Prize aspirant Donald J. Trump, Harriet Tubman versus Andrew Jackson on currency and the late Charlie Kirk on a coin.
Yes, here we go again folks!
To begin, initially I didn’t know if an idea from my friend “Sis Faith” was a serious one or not. Then again, I figured that she knew that yours truly has a weakness for the Nobel Prize, particularly award winners in the literature category. As many know, I’ll judiciously drop a prize winner’s name in my narratives from time to time. But to be abundantly clear, I’ve no illusions, real or imagined, of ever winning the Nobel Prize for Literature myself. I mean my chances would be like one in 10 billion. No way. No mas. Case closed.
Now with all that aside, here’s the text message I received the other day from “Sis Faith,” one that I initially laughed off as amusing before allowing it to sink in for a minute:
“Terry, I have a commentary idea for your consideration: Threats to the integrity and legacy of the Nobel Peace Prize! Does this idea give lift to your brows or gnaw in your gut?”
Of course, it doesn’t take a rocket scientist – or a Nobel Laureat for that matter – to figure that behind her message is the move underway in some quarters to get the United States President to receive the Nobel Peace Prize and, if my memory serves me well, he’s even hinted at nominating himself for the prize. Well word on the street is that his chances of receiving the award are slim to none, but as we all know these are not normal times.
Now let’s begin by setting the prize’s historical record straight, shall we?
The Nobel Prize was set up when businessman and entrepreneur Alfred Nobel died and left the majority of his fortune to the establishment of prizes in physics, chemistry, physiology or medicine, literature and peace. His will stated that the prizes should be awarded to “those who, during the preceding year, shall have conferred the greatest benefit to humankind.”
In order to become a Nobel Prize laureate, one must first be nominated by an eligible nominator. Sorry to disappoint Mr. Trump, but self-nominations are not allowed. Except for the Nobel Peace Prize, nominations are by invitation only and nominators must fulfill the criteria set out by the awarding institutions. Eligible nominations are then considered by the awarders who make the final decision as to who will receive a Nobel Prize.
A total of 21 prizes have been awarded to U.S. citizens, the most recent of whom was President Obama. Beginning with Theodore Roosevelt in 1906, there have been 18 American men and three American women who have been awarded the Nobel Peace Prize.
Several U.S. Presidents have been awarded the Nobel Peace Prize, all recognized for their significant contributions to peace and diplomacy during their lifetimes. Here’s a list of them and the years they received the award:
Theodore Roosevelt – Awarded in 1906 for mediating the end of the Russo-Japanese War.
Woodrow Wilson – Awarded in 1919 for his efforts in establishing the League of Nations after World War I.
Jimmy Carter – Awarded in 2002 for his decades of work in promoting peace, democracy and human rights.
Barack Obama – Awarded in 2009 for his extraordinary efforts to strengthen international diplomacy and cooperation between peoples.
One more thing before I go – actually two, maybe more – this time having to do with facial images on currency and coins. First, American abolitionist and social activist Harriet Tubman whose face on our $20 bill replacing slave holder Andrew Jackson has been challenged by the current administration as “pure political correctness.”
Second and not to be outdone, Republican lawmakers are preparing to introduce a bill that could place the late conservative activist Charlie Kirk’s face on U.S. currency. The legislation would direct the U.S. Treasury to mint 400,000 silver dollar coins bearing Kirk’s and would feature his full name and the year 2026. On the reverse, the design would include the words: “Well done, good and faithful servant.”
What’s next on the ever-contentious images battlefront? Well, it seems to me that which faces should be on our postage stamps, which national anthem should be sung during the Super Bowl, should we resurrect the names and images of the old Confederacy and Lord know what else may be next in our cultural cross hairs.
So fasten your seatbelts readers and replenish your supply of popcorn for what promises to be a bumpy ride.
Okay “Sis Faith,” I’ll give you a call later this week and let you know if my brows are lifted or if there’s a gnaw in my gut.
Terry Howard is an award-winning writer, a contributing writer with the Chattanooga News Chronicle, The American Diversity Report, The Douglas County Sentinel, Blackmarket.com, recipient of the Dr. Martin Luther King, Jr. Leadership Award, and third place winner of the Georgia Press Award.
John P. Franklin Funeral Home welcomes community to Annual Fall Festival, Oct. 19th
CHATTANOOGA, Tenn. (October 1, 2025) – John P. Franklin Funeral Home is thrilled to invite the community to its annual Fall Festival on Sunday, October 19 from 2 pm to 4 pm. The festival will be held in the funeral home’s parking lot at 1101 Dodds Avenue in Chattanooga. This free, family-friendly event promises something for everyone, with delicious food, lively music, dancing, and games that are fun for kids and adults alike. It’s a perfect way for neighbors, friends, and families to come together and celebrate the beauty of the season.





