Document Type
Brief
Publication Date
2025
Publisher
United States Court of Appeals for the District of Columbia Circuit
Language
en-US
Abstract
Amicus Curiae Jed Handelsman Shugerman is a Professor of Law at Boston University. He holds a JD and a PHD is History. Shugerman subscribes to the interpretation of the Constitution based on original public meaning (i.e. originalism). He has written extensively on the history of presidential power and the original public meaning of Article II.
Shugerman and Gary Lawson have co-written "Presidential Removal as Article I, not Article II," offering originalist alternatives to limit Congress's power to restrict presidential removal power, while allowing good-cause conditions in traditional exceptional cases. This amicus brief summarizes these alternatives and shows how they are consistent with the Court's holdings in Myers, Free Enterprise, and Seila Law: "Tenure protections and agency structures must be necessary and proper for executing federal power....The Necessary and Proper Clause is a stronger originalist basis to replace Humphrey's Executor, to limit congressional power, and to confirm narrow traditional exceptions for the FTC and the Federal Reserve.
Recommended Citation
Jed H. Shugerman,
Brief Amicus Curiae of Professor Jed Hanelsman Shugerman in Support of Respondents
(2025).
Available at:
https://scholarship.law.bu.edu/faculty_scholarship/4166
