The Indecisions of 1789: Appendices on the Misuse of Historical Sources in Unitary Executive Theory

Abstract

These appendices tracking the use and misuse of sources by the unitary executive theory are for “The Indecisions of 1789: Strategic Ambiguity and Inconstant Originalism,” U. PA. L. REV. (forthcoming March 2023).

Contents:
Appendix A. Misuses in “New Light on the Decision of 1789” (2006)
Misused Sources on Events May-June 1789
Misused Sources on Events July-Sept. 1789
Appendix B. Contradictions and Retreats in “Removal Revisited” (forthcoming Harvard Law Review 2023) (Submitted manuscript, spring 2022)
Appendix C. New Errors in “Removal Revisited”
Appendix D. Repeated Errors from 2006 in “Removal Revisited” (2022)
Appendix E. Misuses in Other Publications (Imperial from the Beginning)
Appendix F. Misuses and Misquotations in Seila Law Amicus Brief
Tables on First Congress by Votes and Interpretations

Keywords: legal history, constitutional law, separation of powers