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This article offers a model of the nature, sources, and extent of the president's power to interpret the Constitution. The model is grounded in a theory of constitutional law that seeks to unify the two great systems of U.S. fundamental law, the system of rights and the system of structure.' As discussed in the body of this article, unified theory supplements the existing analysis of presidential power in two ways. First, unified theory suggests the utility of cross-fertilization between the systems of rights and structure-of importing the value of liberty from the system of rights and applying it to the system of structure, and likewise, of importing the principle of checks and balances from the system of structure and applying it to the system of rights. Second, unified theory suggests the possibility of devising broader concepts that apply to both systems. Energy in government and the avoidance of faction are two overarching concepts in my version of unified theory. Unified theory raises subtle problems with respect to the president's power of constitutional interpretation. One cannot say that the president has plenary power to interpret the Constitution, nor can one say flatly that the president's power of interpretation is subject to the overriding power of the federal courts, or of Congress. Instead, the nature and extent of the president's power of

The President's Power of Interpretation: Implications of a Unified Theory of Constitutional Law