“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
This is my fourth post in a series responding to Professor Jed Shugerman’s criticisms of originalist scholarship on Blackstone and removal power (here are part 1, part 2 and part 3). This post addresses what Blackstone said about removal of subordinate magistrates in...
This is my third post in a series responding to Professor Jed Shugerman’s criticisms of originalist scholarship on Blackstone and executive removal power. The first two posts described Blackstone’s general account of the king’s executive power (part 1) and...
As noted in my opening post in this series, earlier this month Professor Jed Shugerman sharply criticized originalist executive power scholars, and particularly a brief submitted to the Supreme Court by originalist scholars in Seila Law v. CFPB. One key point of...
Earlier this month Professor Jed Shugerman, in a series of blog posts and a short article, sharply criticized originalist executive power scholars, and particularly a brief submitted to the Supreme Court in Seila Law v. CFPB. (See here [Originalism Blog...
Congress proposed the Constitution’s 25th Amendment in 1965, and state legislatures finished ratifying it in 1967. Because of widespread doubts about President Joe Biden’s mental condition, the amendment has gained attention as a potential vehicle for transferring his...