“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.”
It should be obvious by now that the executive branch wields far too much power. The founding generation considered this kind of consolidation one of the greatest threats to liberty. Some warned that the system wouldn’t self-enforce and predicted the “elective...
Cato was one of the first Antifederalist writers to examine the executive branch. He predicted it would “tend either to the establishment of a vile and arbitrary aristocracy, or monarchy,” with a permanent class of elites ruling from on high. Path to Liberty: March 2,...
In a post at Slate, Professor Jed Shugerman (Fordham) challenged the historical foundations of Justice Scalia’s dissent in Morrison v. Olson: It’s worth, however, delving deeper into Scalia’s historical misunderstandings of “complete” executive control over...