Related Citations
-
Seth Barrett Tillman, The Foreign Emoluments Clause–Where the Bodies are Buried: “Idiosyncratic” Legal Positions, 59 S. Tex. L. Rev. 237 (2017).
Documenting how Justice Joseph Story engaged in textual analysis to determine that the President and Vice President are most likely not officers of the United States.
-
Seth Barrett Tillman & Steven G. Calabresi, The Great Divorce: The Current Understanding of Separation of Powers and the Original Meaning of the Incompatibility Clause, 157 U. Pa. L. Rev. 134 (2008).
Debating, among other things, how historical practice since the Founding Era should influence modern interpretation of the Commission Clause.
-
Saikrishna Bangalore Prakash, Why the Incompatibility Clause Applies to the Office of the President, 4 Duke J. Const. L. & Pub. Pol’y Sidebar 35 (2008).
Rejecting contention that the President is not an officer and arguing that Founding Era evidence indicates that the President both occupies an office and is an officer.
-
Seth Barrett Tillman, Why Our Next President May Keep His or Her Senate Seat: A Conjecture on the Constitution’s Incompatibility Clause, 4 Duke J. Const. L. & Pub. Pol’y Sidebar 1 (2008).
Looking to presidential commissioning practices since the Founding Era to conclude that the President and Vice President are not officers of the United States.
-
Steven G. Calabresi, The Political Question of Presidential Succession, 48 Stan. L. Rev. 155 (1995).
Suggesting that presidential practice is highly unreliable as indicator of who qualifies to serve as an “officer of the United States.”
-
Lawrence Lessig & Cass R. Sunstein, The President and the Administration, 94 Colum. L. Rev. 1 (1994).
Documenting Chief Justice Marshall’s discussion in Marbury v. Madison about the distinction between the President’s power of appointment and his duty to commission officers.
-
Stephanie A.J. Dangel, Is Prosecution a Core Executive Function? Morrison v. Olson and the Framers’ Intent, 99 Yale L.J. 1069 (1990).
Documenting the drafting history of the Commissions Clause.