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1. Last month, @jdmortenson wrote in The Atlantic about his scholarship on “executive power,” looking to the 18th century bookcase to show the phrase didn’t mean what most scholars have thought: theatlantic.com/ideas/archive/…
@jdmortenson 2. If you had any lingering doubts about that argument, today he dropped the hammer—using founding-era records to document that the Framers meant what he said they meant: papers.ssrn.com/sol3/papers.cf…
3. Does this sound like an abstract academic debate? The stakes here couldn’t be higher—whether a president retains quasi-monarchical authority over national security and foreign affairs, or whether he can exercise only those powers that Congress delegates.
4. @jdmortenson’s latest work is titled simply, "The Executive Power Clause.” But this is the internet, so let’s call it, “Everything You Thought You Knew About the Executive Power Clause Is Probably Wrong.” There’s not a lot of BREAKING constitutional news, but this qualifies.
