Reclaiming the Constitutional Text from Originalism: The Case of Executive Power

There are consequences to theories in a world questioning the power of the President. For decades, some originalists, including Justice Scalia, maintained that the President enjoys “all” executive power. Of course, this is not the Constitution’s actual text (which refers to “the” executive power, not “all” executive power)—but a highly contestable, and potentially dangerous, addition […]