Is the Constitution a Power of Attorney or a Corporate Charter? A Commentary on 'A Great Power of Attorney': Understanding the Fiduciary Constitution' by Gary Lawson and Guy Seidman

34 Pages Posted: 23 Jul 2019 Last revised: 1 Oct 2019

See all articles by John Mikhail

John Mikhail

Georgetown University Law Center

Date Written: July 21, 2019

Abstract

In their stimulating book, "'A Great Power of Attorney': Understanding the Fiduciary Constitution," Professors Gary Lawson and Guy Seidman argue that: (1) the Constitution of the United States is a power of attorney, or at least usefully analogized to a power of attorney; (2) although the United States of America is a legal corporation, the Constitution of the United States is not a corporate charter; and (3) the Necessary and Proper Clause is best understood as a narrow incidental powers clause. In this commentary, I dispute all three claims and explain why I believe Lawson and Seidman are mistaken about them.

Suggested Citation

Mikhail, John, Is the Constitution a Power of Attorney or a Corporate Charter? A Commentary on 'A Great Power of Attorney': Understanding the Fiduciary Constitution' by Gary Lawson and Guy Seidman (July 21, 2019). Georgetown Journal of Law & Public Policy, Forthcoming. Available at SSRN: https://ssrn.com/abstract=3423599

John Mikhail (Contact Author)

Georgetown University Law Center ( email )

600 New Jersey Avenue, NW
Washington, DC 20001
United States
202-662-9392 (Phone)
202-662-9409 (Fax)

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