Under the Unitary Executive Theory, taken to an extreme by John Yoo, the President has powers not stated in the Constitution, and Congress is barred from doing anything about them.

Wikipedia article "[This theory] holds it is unconstitutional for Congress to create "independent" agencies, authorities, or other entities that exercise executive, and sometimes quasi-legislative or quasi-judicial, powers, governed by officials the President may be authorized to nominate, perhaps with the advice and consent of Congress, but he is not authorized to remove or discipline." Thus an independent counsel would be unconstitutional.

The theory also holds that neither Congress nor the courts can review any action taken as Commander-in-Chief during war, a view that even the current conservative Supreme Court rejects.

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