Scholars have long debated whether the Constitution creates a strongly "unitary" Executive, or instead allows Congress to create entities independent of the Executive to administer the laws.
Steven G Calabresi responding to Professors Lawrence Lessig and Cass Sunstein's recent argument in The President and the Administration, argues that under the originalist method of interpretation, the President does have the constitutional authority to superintend the execution of all federal law. The constitutional text legitimates only three types of governmental powers and precludes historical arguments that a fourth unenumerated "administrative" power of government may exist independent of the President.
In addition, The Executive Power Clause of Article II grants the President authority over execution of federal law. No other actor has this authority nor is any other actor empowered to strip such authority from the President. Moreover, thorough review of the relevant pre- and post-ratification history confirms the understanding that the President possesses exclusive authority to superintend execution of federal law.
What tensions ---------- Congress, the judiciary, and the US President......