Document Type

Article

Publication Date

Spring 2024

ISSN

2163-1743

Publisher

American Bar Association

Language

en-US

Abstract

Just as the Roberts Court has been expanding presidential authority to its historic maximum, recent legal scholarship has shown that the Founders intended, to paraphrase Justice Jackson’s famous Youngstown concurrence, a much lower ebb or at least an ambiguous twilight about “executive power,” in contrast to originalists’ unsupported certainties.

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