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I've posted @lawfare:
"The Imaginary Unitary Executive."
"Contrary to The Decision of 1789 myth, which SCOTUS relied on to expand presidential power, the legislative record and a diary show that the first Congress rejected the exclusive unitary model." https://www.lawfareblog.com/imaginary-unitary-executive
"The Imaginary Unitary Executive."
"Contrary to The Decision of 1789 myth, which SCOTUS relied on to expand presidential power, the legislative record and a diary show that the first Congress rejected the exclusive unitary model." https://www.lawfareblog.com/imaginary-unitary-executive
2/
Big thanks to @benjaminwittes & @qjurecic for their excellent editing over a holiday weekend to get this posted at the start of a big SCOTUS week.
After CFPB case last week, I'm curious if Roberts Court doubles down on the unitary myth on tax subpoena cases this week.
Big thanks to @benjaminwittes & @qjurecic for their excellent editing over a holiday weekend to get this posted at the start of a big SCOTUS week.
After CFPB case last week, I'm curious if Roberts Court doubles down on the unitary myth on tax subpoena cases this week.
3/ It's based on 2 chapters from my book project "The Imaginary Unitary Executive."
First: "The Indecisions of 1789: Strategic Ambiguity and the Imaginary Unitary Executive"
On the Madison strategy, the House debate & shows Senator Maclay's diary.
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3596566
First: "The Indecisions of 1789: Strategic Ambiguity and the Imaginary Unitary Executive"
On the Madison strategy, the House debate & shows Senator Maclay's diary.
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3596566
4/
Part II:
"The Decisions of 1789 Were Non-Unitary: Removal by Judiciary and the Imaginary Unitary Executive"
Focused on the Treasury Act of 1789 & many statutes from the first Congress and the early republic delegating removal power to judges & juries.
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3597496
Part II:
"The Decisions of 1789 Were Non-Unitary: Removal by Judiciary and the Imaginary Unitary Executive"
Focused on the Treasury Act of 1789 & many statutes from the first Congress and the early republic delegating removal power to judges & juries.
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3597496
5/ Thanks to @GVildostegui @TheGNapp @GillianMetzger2 @andrewkent33 @jdmortenson @_John_Mikhail @marty_lederman @petermshane @MFlaherty17 @gauthamrao Nick Parrillo, Ethan Leib.
I link to a great paper by @Jane_C_Manners @LevMenand, super helpful readers:
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3520377
I link to a great paper by @Jane_C_Manners @LevMenand, super helpful readers:
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3520377
6) Additional thanks in the essay:
"Thanks to the wonderful First Congress Project at George Washington U., [Maclay's diary] has been on seminar syllabi for at least two decades. That’s how I read it in Professor @jbf1755 Joanne Freeman’s graduate seminar in Spring 2000."
"Thanks to the wonderful First Congress Project at George Washington U., [Maclay's diary] has been on seminar syllabi for at least two decades. That’s how I read it in Professor @jbf1755 Joanne Freeman’s graduate seminar in Spring 2000."
