Hail to the Chief Administrator: The Framers and the President's Administrative Powers
- S. Prakash
- Political Science
- 1993
In the United States, our first executive magistrate is not obnubilated behind the mysterious obscurity of counsellors. Power is communicated to him with liberality, though with ascertained…
Unoriginalism's Law Without Meaning
- S. Prakash
- Art
- 1998
Review essay of: Original meanings: politics and ideas in the making of the Constitution. By Jack N. Rakove. New York: Alfred A. Knopf. 1996. Pp. 439.
The President's Power to Execute the Laws
- S. Calabresi, S. Prakash
- History
- 1 December 1994
Our thesis is that either the text or the relevant "legislative" history, considered separately, demonstrates that the founding generation fully embraced and wrote into the Constitution the "myth" of…
The Origins of Judicial Review
- J. Yoo, S. Prakash
- Law, History
- 11 August 2003
This year marks the 200th anniversary of Marbury v. Madison, the case which is often taught in law schools as establishing judicial review. Despite the absence of any broader political controversy…
"Is That English You're Speaking?" Why Intention Free Interpretation is an Impossibility
- L. Alexander, S. Prakash
- Philosophy
- 2004
I. THE CONCEPTUAL IMPOSSIBILITY OF INTENTION FREE TEXTUALISM ............................................................................................ 972 A. Argument One: Texts Cannot Declare the…
Unleashing the Dogs of War: What the Constitution Means by 'Declare War'
- S. Prakash
- Political Science, History
- 29 March 2007
Though a good deal of war powers scholarship makes claims about the original meaning of "declare war," these works do not consider a host of sources pertinent to the inquiry. This Article considers…
The Executive Power Over Foreign Affairs
- S. Prakash, Michael D. Ramsey
- Political Science
- 1 September 2001
This article argues for a comprehensive framework for the source and allocation of the foreign affairs powers of the U.S. government, based on the text of the Constitution. Modern scholarship, we…
Imperial from the Beginning: The Constitution of the Original Executive
- S. Prakash
- History
- 26 May 2015
Eminent scholar Saikrishna Prakash offers the first truly comprehensive study of the original American presidency. Drawing from a vast range of sources both well known and obscure, this volume…
A Critical Comment on the Constitutionality of Executive Privilege
- S. Prakash
- Law
- 1999
As a proponent of the view that the Constitution enshrines a unitary executive capable of superintending federal law execution, I reach these tentative conclusions with a great deal of reluctance. As…
New Light on the Decision of 1789
- S. Prakash
- History, Law
- 2005
This Article defends the traditional understanding of the Decision, which concluded that the Constitution’s grant of executive power enabled the President to remove executive officers.
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