Dorf on Law Blog: Exchange on Dual Office-Holding
14 Pages Posted: 27 Aug 2012 Last revised: 8 Dec 2013
Date Written: August 23, 2012
Abstract
Prior to the 2012 presidential election, Professor Dorf and Seth Barrett Tillman had an exchange titled: "Congressman and Vice President and President of the Senate: Can Paul Ryan hold them all at the same time?" The narrow constitutional/textual question went to the scope of the Constitution's Incompatibility Clause and dual-office holding, but the exchange quickly veered into deeper waters ... limits of textualism, interpretevism and the use of historical materials, and structuralism.
The exchange originally appeared on Dorf on Law, but was subsequently cross-posted on Nexis.
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