Presidential Power in Historical Perspective: Reflections' on Calabresi and Yoo's the Unitary Executive

Abstract

On February 6 and 7, 2009, more than three dozen of the nation’s most distinguished commentators on presidential power gathered in Philadelphia to explore themes raised by a book authored by Steven Calabresi and I co-authored reviewing the history of presidential practices with respect to the unitary executive. The conference honoring our book and the special journal issue bringing together the articles presented there provide a welcome opportunity both to look backwards on the history of our project and to look forwards at the questions yet to be answered.

Keywords: Separation of powers, government regulation, constitutional law, legal history, executive power, special prosecutors, independent counsels, Ethics in Government Act, Tenure of Office Act, departmentalism, removal, prompt letters