“Vesting”: Text, Context, Dictionaries, and Unitary Problems
The Executive Vesting Clause is a pillar for the unitary theory of exclusive, indefeasible presidential power.
The word "vest" did not mean what they think it means.
Article posted on SSRN:
papers.ssrn.com/sol3/papers.cf…
The Executive Vesting Clause is a pillar for the unitary theory of exclusive, indefeasible presidential power.
The word "vest" did not mean what they think it means.
Article posted on SSRN:
papers.ssrn.com/sol3/papers.cf…
Abstract and table of contents here.
Below: Chart of dictionaries 1640 to 1846.
Special thanks to @jdmortenson @BlakeProf @Jane_C_Manners @LevMenand @petermshane @GillianMetzger2 @_John_Mikhail @MFlaherty17 @andrewkent33
Below: Chart of dictionaries 1640 to 1846.
Special thanks to @jdmortenson @BlakeProf @Jane_C_Manners @LevMenand @petermshane @GillianMetzger2 @_John_Mikhail @MFlaherty17 @andrewkent33
Charts of dictionaries:
7 categories, from less to more support for unitary indefeasibility, L to R.
Last column relates to absolute power.
2d from the right relates to offices/official powers
Most relate to individual property rights and simple possession of real estate:
7 categories, from less to more support for unitary indefeasibility, L to R.
Last column relates to absolute power.
2d from the right relates to offices/official powers
Most relate to individual property rights and simple possession of real estate:
Non-delegation debate:
If "vest" didn't have a clear meaning of formal entirety/exclusivity/indefeasibility for powers, what is the originalist argument that Art. I's Leg Vesting clause prohibits Congress from delegating quasi-legislative rule-making?
The word "all"? That's bold.
If "vest" didn't have a clear meaning of formal entirety/exclusivity/indefeasibility for powers, what is the originalist argument that Art. I's Leg Vesting clause prohibits Congress from delegating quasi-legislative rule-making?
The word "all"? That's bold.
5/ After "Vesting," the 2d pillar of the unitary theory is the Take Care Clause.
But how does a clause imposing duties of care and faithful execution on the president yield unlimited powers going beyond care or good faith?
With Ethan Leib @andrewkent33:
papers.ssrn.com/sol3/papers.cf…
But how does a clause imposing duties of care and faithful execution on the president yield unlimited powers going beyond care or good faith?
With Ethan Leib @andrewkent33:
papers.ssrn.com/sol3/papers.cf…
6/ As we wrote in "Faithful Execution & Article II": Faithful execution "may restrict the President’s power to dismiss...especially given that removal power is not explicitly mentioned in the text, while the requirement of faithful execution is, doubly."
harvardlawreview.org/2019/06/faithf…
harvardlawreview.org/2019/06/faithf…
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