Notice & Comment

Symposium on Peter Shane's "Democracy's Chief Executive"

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 […]

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 […]

Notice & Comment

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 […]

Notice & Comment

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 […]

Notice & Comment

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. […]

Notice & Comment

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 […]

Notice & Comment

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 […]

Notice & Comment

Democracy’s Chief Executive and the Separation of Powers

*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 […]

Notice & Comment

The Major Question Doctrine, Nondelegation, and Presidential Power, by Daniel Farber

*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 […]

Notice & Comment

Visions of a Progressive Regulatory Movement: Remarks on Democracy’s Chief Executive by Peter M. Shane, by Glen Staszewski

*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 […]

Notice & Comment

Resisting Originalism, Even When “Done Well”, by Lisa Heinzerling

*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 […]

Notice & Comment

What Kind of Democracy? by Keith E. Whittington

*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 […]

Notice & Comment

Can Originalism Survive the Lawlessness It Has Bred? A Prayer for a Stronger and Wiser Theory of Interpretation, by Victoria Nourse

*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 […]

Notice & Comment

The Bloated and Dangerous Presidency, by Carlos A. Ball

*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 […]