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Julian Davis Mortenson

@jdmortenson

likes his oatmeal lumpy
Ann Arbor, MI law.umich.edu/FacultyBio/Pag… Joined May 2014
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Julian Davis Mortenson @jdmortenson
“‘The executive power’ granted at the American founding was conceptually, legally, and semantically incapable of conveying a reservoir of royal authority. The real meaning … was something almost embarrassingly simple: the power to execute the law.” theatlantic.com/ideas/archive/…
www.theatlantic.com What Two Crucial Words in the Constitution Actually Mean I reviewed more than a thousand publications from the founding era, and discovered that “executive power” doesn’t imply what most scholars thought.
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Julian Davis Mortenson @jdmortenson
Just posted "'Westminster Quibbles': The Antimony of Text and Purpose in 18c Anglo-American Legal Culture" at SSRN. The brief essay argues that (1) law had independent force in shaping elite decisionmaking; and (2) today's debates about text vs purpose go back a very long way.
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Julian Davis Mortenson @jdmortenson
I share the same tendency. Hard to see Thomas suddenly rethinking Seila Law or the Vesting Clause Thesis.

But man, the fountain of methodological instructions in CFPB that undercut approximately every move made by originalists on other SOP questions is pretty delicious.
Orin Kerr Verified account @OrinKerr May 17, 2024
Given that, I tend to see the methodology of a particular opinion as less telling about the future (whether for good or bad) than you might otherwise assume.
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