Inspired by Lawson & Seidman's _A Great Power of Attorney_:
@Richard_Primus @_John_Mikhail & Suzanna Sherry for @RandyEBarnett's @GUConstitution symposium.
Ethan Leib & I offer "Fiduciary Constitutionalism: Implications for Self-Pardons & Non-Delegation"
law.georgetown.edu/public-policy-…
@Richard_Primus @_John_Mikhail & Suzanna Sherry for @RandyEBarnett's @GUConstitution symposium.
Ethan Leib & I offer "Fiduciary Constitutionalism: Implications for Self-Pardons & Non-Delegation"
law.georgetown.edu/public-policy-…
@Richard_Primus @_John_Mikhail @RandyEBarnett @GUConstitution 2/ 1st, fiduciary constraint has implications for the legal validity of pardons that are not efforts to pursue the public interest.
2d, the analogy of a trust instrument helps explain early non-delegation doctrine, but suggests fidelity & flexibility on delegation today.
2d, the analogy of a trust instrument helps explain early non-delegation doctrine, but suggests fidelity & flexibility on delegation today.
@Richard_Primus @_John_Mikhail @RandyEBarnett @GUConstitution 3/ @Richard_Primus's insightful critique of Lawson/Seidman:
"The metaphor of Const. as a power of attorney nicely highlights the principle that govt officials should act in the public interest rather than for personal benefit. But it’s only a metaphor."
"The metaphor of Const. as a power of attorney nicely highlights the principle that govt officials should act in the public interest rather than for personal benefit. But it’s only a metaphor."
@Richard_Primus @_John_Mikhail @RandyEBarnett @GUConstitution 4/ @_John_Mikhail adds yet another chapter in his pathbreaking work on the Necessary and Proper Clause and the corporate charter origins of the Constitution:
law.georgetown.edu/public-policy-…
law.georgetown.edu/public-policy-…
@Richard_Primus @_John_Mikhail @RandyEBarnett @GUConstitution 4/ Suzanna Sherry critiques the book as a cautionary tale about originalism.
I agree with many of her points, but I think no matter what one's method, one must grapple with Lawson, Seidman, and Natelson's powerful framing of the fiduciary constitution.
law.georgetown.edu/public-policy-…
I agree with many of her points, but I think no matter what one's method, one must grapple with Lawson, Seidman, and Natelson's powerful framing of the fiduciary constitution.
law.georgetown.edu/public-policy-…
@Richard_Primus @_John_Mikhail @RandyEBarnett @GUConstitution 5/ Suzanna Sherry critiques Lawson/Seidman as a cautionary tale about originalism.
I agree with many of her points, but no matter one's method, everyone must grapple with their powerful framing of the fiduciary constitution.
law.georgetown.edu/public-policy-…
I agree with many of her points, but no matter one's method, everyone must grapple with their powerful framing of the fiduciary constitution.
law.georgetown.edu/public-policy-…
@Richard_Primus @_John_Mikhail @RandyEBarnett @GUConstitution 6/ Lawson & Seidman reply with a notably generous and appreciative response, sharing deep gratitude for Robert Natelson's partnership and generative work on the fiduciary Constitution.
Ethan, @andrewkent33, and I offer our thanks, too, to Natelson.
law.georgetown.edu/public-policy-…
Ethan, @andrewkent33, and I offer our thanks, too, to Natelson.
law.georgetown.edu/public-policy-…
