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29 May 2020, 9:30 pm by ernst
  Julian Davis Mortenson and Nicholas Bagley, Michigan Law, on the fopunders and the nondelegation doctrine (The Atlantic). [read post]
29 May 2020, 3:50 pm by NCC Staff
There’s No Historical Justification for One of the Most Dangerous Ideas in American Law By Julian Davis Mortenson, James G. [read post]
26 May 2020, 8:00 pm by Howard Bashman
“There’s No Historical Justification for One of the Most Dangerous Ideas in American Law; The Founders didn’t believe that broad delegations of legislative power violated the Constitution, but conservative originalists keep insisting otherwise”: Law professors Julian Davis Mortenson and Nicholas Bagley have this essay online at The Atlantic. [read post]
8 May 2020, 9:30 pm by Dan Ernst
  We aren't scanning all 556 episodes but can report they include Christopher Tomlins, Nicholas Bagley and Julian Davis Mortenson  Alejandro de la Fuente and Ariela Gross, Thomas McSweeney, Elizabeth Katz, Taja-Nia Henderson and Lutie A. [read post]
28 Feb 2020, 9:01 pm by Milad Emamian
In a new paper, Julian Davis Mortenson and Nicholas Bagley of the University of Michigan Law School argue that the founders had no objection to Congress delegating the power to make rules, as long as it did not permanently abdicate its legislative responsibilities. [read post]
25 Feb 2020, 3:30 am by Richard Murphy
Julian Davis Mortenson, Article II Vests Executive Power, Not the Royal Prerogative, 119 Colum. [read post]
6 Feb 2020, 9:05 pm by Alana Bevan
Constitution limits Congress’s ability to delegate legislative authority to administrative agencies—cannot be squared with the founders’ original understanding of the Constitution, according to Julian Davis Mortenson and Nicholas Bagley of the University of Michigan Law School. [read post]
5 Feb 2020, 2:10 pm by ernst
Julian Davis Mortenson and Nicholas Bagley, University of Michigan Law School, have posted Delegation at the Founding:This article refutes the claim that the nondelegation doctrine was part of the original constitutional understanding. [read post]
6 Jan 2020, 6:30 am by Dan Ernst
Julian Davis Mortenson and Nicholas Bagley, University of Michigan Law School, have posted Delegation at the Founding:This article refutes the claim that the nondelegation doctrine was part of the original constitutional understanding. [read post]
11 Sep 2019, 8:00 am by Karen Tani
The University of Michigan Legal History Workshop has announced its Fall 2019 lineup:SEPTEMBER 10: Julian Davis Mortenson, University of Michigan Law School, “The Executive Power Clause of the U.S. [read post]
4 Jul 2019, 9:05 pm by Alana Bevan
In an article for the Columbia Law Review, professor Julian Davis Mortenson of University of Michigan Law School argued that this provision was understood by the founders to be an “empty vessel,” merely allowing the President to carry out “projects defined by a prior exercise of the legislative power. [read post]
25 Jun 2019, 6:30 am by Dan Ernst
Julian Davis Mortenson, University of Michigan Law School, has posted The Executive Power Clause, which is forthcoming in the University of Pennsylvania Law Review 119 (2019):Article II of the Constitution vests “the executive power” in the President. [read post]
8 Mar 2019, 5:07 am by Julian Davis Mortenson
The nation's force mustered in service of the nation's will.Thanks once again to Eugene for the opportunity to share this research from "Article II Vests the Executive Power, Not the Royal Prerogative. [read post]
4 Mar 2019, 6:02 am by Joe Hodnicki
From the abstract for Julian Davis Mortenson, Article II Vests Executive Power, Not the Royal Prerogative, Columbia Law Review, Forthcoming: Article II of the United States Constitution vests “the executive power” in the President. [read post]
4 Mar 2019, 5:14 am by Julian Davis Mortenson
Against the Imperial Presidency.When the Founders agreed that "[t]he executive Power shall be vested in a President of the United States of America," the core phrase had a single, simple, and uncontested meaning. [read post]
3 Mar 2019, 11:10 pm by Eugene Volokh
Julian Davis Mortenson of the University of Michigan Law School will be guest-blogging this week about his new article (forthcoming in the Columbia Law Review), Article II Vests Executive Power, Not the Royal Prerogative: Article II of the United States Constitution vests "the executive power" in the President. [read post]
12 Feb 2019, 8:00 am by Dan Ernst
Julian Davis Mortenson, University of Michigan Law School, has posted Article II Vests Executive Power, Not the Royal Prerogative,which is forthcoming in the Columbia Law Review:Article II of the United States Constitution vests “the executive power” in the President. [read post]