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Reason
Reason
Politics
Josh Blackman

Guest Post from Professor Tillman: Professor Shugerman (et al) vs. Professor Prakash (et al)

I am happy to publish this guest post from my frequent co-author Seth Barrett Tillman, which is cross-posted at Seth's blog.

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If you ask me about whether or not the President has an implied constitutionally-granted power to remove high-level Executive Branch officers subject to his (the President's) appointment power, my answer is basically that I do not have a dog in that fight. Last August, in response to an inquiry by e-mail, I responded: "I have always avoided taking any position on this issue: [the scope of presidential] removal [powers]. I think [any interpreter taking a position] is at the far edge of the construction zone . . . where policy is driving legal conclusions. I do not think [the question] answerable as an originalist matter."

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