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This unit in the No. 86 video series explores a host of questions relating to the scope of Executive Power, from the time of the Founding to modern-day debates on that question.
The lack of an Executive was a key weakness of the Articles of Confederation, but our Framers, knowing the danger of executive power as exercised by King George III, were reluctant to vest too much power in one office. What were their biggest fears? How does the American Executive borrow and break from the power of the King of England?
We have heard of the impious doctrine in the old world, that the people were made for kings, not kings for the people. Is the same doctrine to be revived in the new, in another shape…?
-Federalist No. 45
This unit also explores the core purpose and function of the Executive, including how the power of the President fits into the separation of powers.
In 1935, the Supreme Court decided a landmark case which established that the dismissal of a federal commissioner by the President on policy grounds was unjustified. Gregory Jacob explains the case of Humphrey's Executor v. United States and how its
In 1935, the Supreme Court decided a landmark case which established that the dismissal of a federal commissioner by the President on policy grounds was unjustified. Gregory Jacob explains the case of Humphrey's Executor v. United States and how its application affects our interpretation of the power and role of the executive branch.
As always, the Federalist Society takes no particular legal or public policy positions. All opinions expressed are those of the speaker.
Learn more about Gregory Jacob:
We Need Special Court Procedure for the Removal of Special Counsels
Debunking Humphrey’s Executor
Would a Justice Kavanaugh Overturn Humphrey’s Executor and Declare Independent Agencies Unconstitutional?
Humphrey’s Executor Squared: Free Enterprise Fund v. Public Company Accounting Oversight Board and its Implications for Administrative Law Judges
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