Contributions by ‘David M. Driesen’

Does a Removal Power Exist? Joseph Story and Selective Living Originalism

In spite of burgeoning interest in the unitary executive theory, which maintains that the Constitution grants the President unfettered removal authority, Joseph Story’s landmark treatment has not received sustained attention. Yet Joseph Story served as an early Supreme Court Justice, wrote the most highly regarded early treatise on constitutional law, and made Harvard Law School a leading institution through his teaching and scholarship. His views deserve to be taken seriously.

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