American Journal of Legal History 63:3 is a special issue, “Histories of Executive Power.” As AJLH editor Yvonne Pitts explains in her introduction:
Unprecedented contemporary debates over the scope of executive power brings new urgency to the histories of drafting and early implementation of the U.S. Constitution’s Article II, which defined “Executive Department.” Multidisciplinary historical scholarship has had and continues to have profound implications for constitutional jurisprudence today, becoming integral to federal appellate court briefs, and peppered through the notes of recent Supreme Court decisions. This special issue results from a collaboration between the American Journal of Legal History and the Stanford University Constitutional Law Center’s 2022 Spring Conference, The History of Executive Power. The conference brought together scholars from different disciplinary, ideological, and historical perspectives to discuss, synthesize, dig deeper into the past, and move forward toward developing empirical and interpretive methods toward a rigorously grounded, historicized constitutionalism.
One of the contributors, Christopher Walker, has posted the abstracts for all the articles on Notice and Comment. Below is the TOC:
Preface
Yvonne Pitts
Three Modalities of (Originalist) Fiduciary Constitutionalism
Ethan J. Leib
The Path of the Prerogatives
John Mikhail
The Early Years of Congress’s Anti-Removal Power
Aaron L. Nielson and Christopher J. Walker
Removal and the Changing Debate over Executive Power at the Founding
Jonathan Gienapp
Alexander Hamilton on Executive Authority
Ilan Wurman
Movement on Removal: An Emerging Consensus about The First Congress and Presidential Power
Jed H. Shugerman
--Dan Ernst
