Lawfare Archive: Julian Mortenson on 'The Executive Power'

From April 13, 2019: Julian Mortenson, Professor of Law at the University of Michigan, is the author of a remarkable new article entitled "Article II Vests Executive Power, Not the Royal Prerogative," in the Columbia Law Review and available on SSRN.Recently, Benjamin Wittes spoke with the professor about the article, which Mortenson has been working on for years-as long as the two have known each other. The article explores the history of exactly three words of the U.S. Constitution-the first three words of Article II, to be precise: "the executive power."Huge claims about presidential power have rested on a conventional understanding of these three words. Julian argues that this conventional understanding is not just partially wrong, or mostly wrong, but completely wrong, as a matter of history. And, he tries to supplant it with a new understanding that he argues is actually a very old understanding of what those words mean.

[@CurtOntheRadio]

That was so much more enjoyable a listen than I expected it to be. Fascinating stuff, and I'm not even American. As with the constitution and framework of the European Union, my admiration for the achievement of the founders is huge and humbling.
By contrast the British constitution (my own) seems a sludge of special interests having settled over time as sediment, rather than something pieced together logically to express things like Justice.
Perhaps one of the British constitution's advantages (or at least a reason for its long persistence) is that if one disturbs the sediment some of the surrounding sludge just slides in to replace it. In the UK, this conversation - and even Mr Mortenson's entire undertaking- seem impossible or pointless. I can't think of ever hearing an equivalent: even republican debate here scarcely strays from "remove royalty", IME.
Anyway, thanks for a great listen. All the best to Julian Mortenson. Good luck!

[@pamlewis1183]

Is this about Article II Executive Powers? YES!

[@orangehairbrain8733]

What a waste of a life.