In their stimulating book, “A Great Power of Attorney”: Understanding the Fiduciary Constitution, Professors Gary Lawson and Guy Seidman argue that: (1) the Constitution of the United States is a power of attorney, or at least use-fully analogized to a power of attorney; (2) although the United States of America is a legal corporation, the Constitution of the United States is not a corporate charter; and (3) the Necessary and Proper Clause is best understood as a narrow incidental powers clause. In this commentary, I dispute all three claims and explain why I believe Lawson and Seidman are mistaken.

Keep Reading Is the Constitution a Power of Attorney or a Corporate Charter? A Commentary on “A Great Power of Attorney”: Understanding the Fiduciary Constitution by Gary Lawson and Guy Seidman