Notice & Comment

Symposia

Notice & Comment

Presidentialism, Democracy, Interpretation: Notes of a Grateful Author (Part 2), by Peter M. Shane

*This is the sixteenth and final post in a symposium on Peter Shane’s “Democracy’s Chief Executive: Interpreting the Constitution and Defining the Future of the Presidency.” For other posts in the series, click here. In Part 1 of my response to the wonderful set of fourteen essays commenting on my book, Democracy’s Chief Executive: Interpreting the […]

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Do Agencies Have the Capacity to be Reasonable?, by David E. Lewis

*This is the fifth post on a symposium on Jed Stiglitz’s “The Reasoning State.” For other posts in the series, click here. In Jed Stiglitz’s important new book, he argues that legislators delegate policymaking authority to administrative agencies because of agencies’ ability to solve a trust problem between voters and elected officials. Voters confronted with an […]

Notice & Comment

Presidentialism, Democracy, Interpretation: Notes of a Grateful Author (Part 1), by Peter M. Shane

*This is the fifteenth post in a symposium on Peter Shane’s “Democracy’s Chief Executive: Interpreting the Constitution and Defining the Future of the Presidency.” For other posts in the series, click here. My first reaction to the just-ended three-week symposium on my book, Democracy’s Chief Executive: Interpreting the Constitution and Defining the Future of the Presidency […]

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Putting Agency Reason-Giving to the Test, by Kevin M. Stack 

*This is the fourth post on a symposium on Jed Stiglitz’s “The Reasoning State.” For other posts in the series, click here. “[A]gencies do not have quite the prerogative of obscurantism reserved to legislatures.”  This observation, one of my favorites in the widely taught United States v. Nova Scotia Food Products Corp., describes fundamental features of […]

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Acknowledging Values in Administration, by Bijal Shah

*This is the third post on a symposium on Jed Stiglitz’s “The Reasoning State.” For other posts in the series, click here. I am delighted to participate in a symposium on Professor Jed Stiglitz’s new book, The Reasoning State. Stiglitz contends that the administrative state—and in particular, the transfer of authority from Congress to agencies—is justified […]

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Credible Reasoning, Contestation, and Dynamic Preference Production, by Anya Bernstein

*This is the second post on a symposium on Jed Stiglitz’s “The Reasoning State.” For other posts in the series, click here. The Reasoning State presents a broadly interdisciplinary discussion and defense of the administrative state. Jed Stiglitz engages with history, political science, and psychology to argue that credible reasoning about policy matters, incentivized and enforced […]

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Introduction to Our Symposium on Jed Stiglitz’s “The Reasoning State”

*This is the introduction to a symposium on Jed Stiglitz’s “The Reasoning State.” For other posts in the series, click here. We’ve been on a roll with symposia here at the Notice & Comment Blog! Last week we wrapped a truly remarkable series of essays about Peter Shane’s Democracy’s Chief Executive, ably organized by Andrea Scoseria […]

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The Social Foundations of Presidential Dictatorship and Democracy, by Blake Emerson

*This is the fourteenth post in a symposium on Peter Shane’s “Democracy’s Chief Executive: Interpreting the Constitution and Defining the Future of the Presidency.” For other posts in the series, click here. Democracy’s Chief Executive has the great virtue of being right. Peter Shane offers a full throated defense of a democratic, pluralistic presidency as an […]

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The Spoils of Presidentialism for Congress and the Court, by Bijal Shah

*This is the thirteenth post in a symposium on Peter Shane’s “Democracy’s Chief Executive: Interpreting the Constitution and Defining the Future of the Presidency.” For other posts in the series, click here. In Democracy’s Chief Executive, Professor Peter Shane evocatively illustrates the prevalence and nuances of presidential “entitlement.” Shane employs stimulating historical and political narrative to […]

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Reining in the Presidency Requires Limiting the Scope of Federal Power, by Ilya Somin

*This is the twelfth post in a symposium on Peter Shane’s “Democracy’s Chief Executive: Interpreting the Constitution and Defining the Future of the Presidency.” For other posts in the series, click here. Peter Shane’s Democracy’s Chief Executive is a formidable challenge to much conventional wisdom about presidential power – particularly, but not exclusively, on the right. […]

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The Necessity of Politics in Administration, by Cristina Rodriguez

*This is the eleventh post in a symposium on Peter Shane’s “Democracy’s Chief Executive: Interpreting the Constitution and Defining the Future of the Presidency.” For other posts in the series, click here. A critical passage in Peter Shane’s wide-ranging and bracing new book comes late in its pages, in an analysis of the debate among scholars […]

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Constitutional Interpretation Is Values All the Way Down, by Michael Sant’Ambrogio

*This is the tenth post in a symposium on Peter Shane’s “Democracy’s Chief Executive: Interpreting the Constitution and Defining the Future of the Presidency.” For other posts in the series, click here. Peter Shane is one of today’s most thoughtful commentators on separation of powers and the presidency. In numerous articles and two terrific books—Madison’s Nightmare […]