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Clutching Defeat from the Jaws of Victory: Gundy and the Prohibition on Delegation

Clutching Defeat from the Jaws of Victory: Gundy and the Prohibition on Delegation

by Michael Rappaport | Jul 10, 2019 | Congress, Court Cases, Executive

The prohibition on the delegation of legislative power to the executive is one of the key structural features of the Constitution’s original meaning. The prohibition prevents the legislature from passing a law that authorizes the executive (instead of the legislature)...
Unifying Original Intent and Original Public Meaning

Unifying Original Intent and Original Public Meaning

by Michael Rappaport | May 24, 2019 | Originalism

John McGinnis and I have just published a new article on Original Methods Originalism, the interpretive theory that we have developed. In this post, I wanted to describe the first part of the article. In a second post, John will describe the latter part of our piece....
Our Fiduciary President

Our Fiduciary President

by Michael Rappaport | May 13, 2019 | Presidential Oath Clause, Take Care Clause

One important area of constitutional law involves the Take Care Clause of the Constitution. Unfortunately, there is a great deal of disagreement about the Clause’s meaning. Happily, at the Originalism Works in Progress Conference held at the University of San Diego...
Gouverneur Morris’s Rewriting of the Constitution

Gouverneur Morris’s Rewriting of the Constitution

by Michael Rappaport | Mar 11, 2019 | Constitution, Constitutional Convention, Gouverneur Morris

Recently, the Center for the Study of Constitutional Originalism held its annual Works-in-Progress Conference. One of the papers was written by Dean William Treanor of Georgetown Law School. (Both Bill and I were at Yale Law School as students and we both wrote...
Acting Appointments and the Constitution’s Original Meaning

Acting Appointments and the Constitution’s Original Meaning

by Michael Rappaport | Nov 15, 2018 | Appointments, Constitution

There has been much controversy over the naming of Matthew Whitaker, the Chief of Staff of former Attorney General Sessions, to be Acting Attorney General. Whitaker was not serving in a position that required the advice and consent of the Senate. So the question is...
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