Removal Rehashed Legal History: Response

Authors

Andrea Scoseria Katz, Washington University in St. Louis School of LawFollow
Noah A. Rosenblum, New York University School of LawFollow

Document Type

Article

Language

English (en)

Publication Date

2023

Publication Title

Harvard Law Review Forum

Abstract

We are grateful to the Harvard Law Review Forum for the chance to respond in these pages to The Executive Power of Removal. In this new piece, Professors Aditya Bamzai and Saikrishna Bangalore Prakash aim to persuade readers that the President’s power to remove executive officers is exclusive and nondefeasible; textually mandated; and a matter of common assent at the time of the Founding.

There are high hurdles to proving this argument, and this piece fails to scale them. There is little evidence for any of these separate contentions, whether we look to the Constitution’s text or the history of the Founding.

Keywords

Presidency, Constitutional Law, Removal, Executive Power, Unitary Executive, Article II

Publication Citation

Noah A. Rosenblum, & Andrea Scoseria Katz, Removal Rehashed Legal History: Response, 136 Harv. L. Rev. F. 404 (2023)

Repository Citation

Katz, Andrea Scoseria and Rosenblum, Noah A., "Removal Rehashed Legal History: Response" (2023). Scholarship@WashULaw. 646.
https://openscholarship.wustl.edu/law_scholarship/646