JUSTICE SCALIA, dissenting.Scalia's position is sometimes called Unitary executive theory.
It is the proud boast of our democracy that we have "a government of laws, and not of men." Many Americans are familiar with that phrase; not many know its derivation. It comes from Part the First, Article XXX, of the Massachusetts Constitution of 1780, which reads in full as follows:
"In the government of this Commonwealth, the legislative department shall never exercise the executive and judicial powers, or either of them: The executive shall never exercise the legislative and judicial powers, or either of them: The judicial shall never exercise the legislative and executive powers, or either of them: to the end it may be a government of laws, and not of men."
The Framers of the Federal Constitution similarly viewed the principle of separation of powers as the absolutely central guarantee of a just government. ...
"The President's need to control the exercise of the [subject officer's] discretion is so central to the functioning of the Executive Branch as to require complete control."
The American Constitution is based on three branches of government, with the President responsible for the executive. The President sets policy, and does not have to obey the policy opinions of Deep State diplomats or harassing Congressional subpoenas.
The whole impeachment is an attack on our constitutional form of government.