William Mitchell College of Law
This is a brief comment on Curtiss-Wright responding to one of the Journal of the National Security Forum's "Ten Questions" for its recently released symposium issue. It describes the origins of Justice Sutherland's controversial thesis, canvasses a few of the many critiques of that thesis, and offers a few reflections on why a theory about executive power that has been vigorously criticized by scholars across the ideological spectrum continues to exert an influence out of proportion to its substantive merits.
The Puzzling Persistence of Curtiss-Wright-Based Theories of Executive Power,
William Mitchell Law Review
Available at: https://scholarship.law.bu.edu/faculty_scholarship/517