Law Professors’ Letter on Executive Power (Part 2): The Faithful President
In a previous post I noted that a group of law professors has released a public letter to the President’s counsel arguing that the President’s exercise of executive powers is limited by a duty of good faith and a responsibility not to act for private...
Law Professors’ Letter on Executive Power: An Originalist Argument by Nonoriginalists
A number of law professors have signed an open letter to the President’s counsel asserting that the President is bound by a duty of good faith in carrying out executive functions. Here is the basic claim (footnote omitted): First, the best understanding of...
Originalism and Pres. Trump’s Travel Ban
In this post and a second one, I will consider originalist approaches to the constitutionality of the President’s ban on travel to the U.S. by citizens of seven foreign nations. The first step (which I will address in this post) is to find a constitutional...
