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
Date Written: July 21, 2019
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.
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