*This is the eighth 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. For the first decade of my academic career, I shared an office wall with Peter Shane. As I have reminisced elsewhere, Peter’s mentorship (and […]
*This is the seventh 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 West Virginia v. EPA, the Supreme Court struck down Obama’s signature climate regulation based on the major question doctrine. The Court’s rationale was […]
*This is the sixth 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, Peter Shane provides powerful critiques of originalism and unitary executive theory, and he recognizes that this interpretive methodology and substantive […]
*This is the fifth 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, Peter Shane skillfully exposes the partisan beginnings and baleful effects of originalism as a theory for understanding the constitutional separation […]
*This is the fourth 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. It is a pleasure to participate in this symposium on Peter Shane’s new book, Democracy’s Chief Executive: Interpreting the Constitution and Defining the Future […]
*This is the third 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 is a wonderful antidote to the strange affection many have for the “unitary” executive, including our present Supreme Court. Peter Shane’s […]
*This is the second 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. American democracy is under threat from a frighteningly large number of sources, including from the insurrection of January 6th and the possibility of similar […]
*This is the first 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 characterizes the American presidency as now reflecting an “organizational culture of entitlement.” His book is primarily a critique of constitutional doctrines that […]
*This is the introduction to 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. For years, Peter Shane has been sounding the alarm against an overgrown (here, he calls it “entitled”) presidentialism that seems to admit of no legal […]
*This is the twelfth and final post in a symposium on William Novak’s New Democracy: The Creation of the Modern American State. For other posts in the series, click here. It is truly an honor to have my new book New Democracy serve as the vehicle for these 12 diverse, thoughtful, and fully engaged commentaries on […]
*This is the eleventh post in a symposium on William Novak’s New Democracy: The Creation of the Modern American State. For other posts in the series, click here. Thomas Cooley is only a minor figure in Bill Novak’s field-shaping book New Democracy: The Creation of the Modern American State. A chief justice of the Michigan Supreme […]
*This is the tenth post in a symposium on William Novak’s New Democracy: The Creation of the Modern American State. For other posts in the series, click here. Novak’s New Democracy is a dazzling historical blueprint of progressive reform with utmost pressing relevance for our immediate future. The story of the New Deal as a paradigm […]
*This is the ninth post in a symposium on William Novak’s New Democracy: The Creation of the Modern American State. For other posts in the series, click here. It’s a privilege to participate in this symposium on William Novak’s important new book New Democracy: The Creation of the Modern American State. New Democracy is an engaging, […]
*This is the eighth post in a symposium on William Novak’s New Democracy: The Creation of the Modern American State. For other posts in the series, click here. Bill Novak has written a terrific book, filled with important contributions. Three big ones stand out. The first appears in his conclusion, titled “the myth of the New […]
*This is the seventh post in a symposium on William Novak’s New Democracy: The Creation of the Modern American State. For other posts in the series, click here. William J. Novak’s New Democracy: The Creation of the Modern American State is a bracing conspectus of the legal values that shaped the evolution of governmental institutions in […]