JOURNAL ARTICLE
Removal and the Changing Debate over Executive Power at the Founding.
Published In: American Journal of Legal History, 2023, v. 63, n. 3. P. 229 1 of 3
Database: America: History and Life with Full Text 2 of 3
Authored By: Gienapp, Jonathan 3 of 3
Abstract
This article focuses on the 1789 congressional debate over the removal of executive officers as a pivotal moment marking a transformation in early American understandings of "executive power" as vested in the President by Article II of the U.S. Constitution. It argues that prior to 1789, debates about executive authority centered on which specific powers a republican executive should hold, rooted in colonial experiences with royal governors and concerns about constitutional balance, rather than on the inherent meaning of the phrase "executive power." The removal debate was unexpected, novel, and divisive, with participants openly changing their views and no clear consensus emerging, reflecting a shift from traditional eighteenth-century frameworks toward modern questions about the scope and nature of presidential power. The article emphasizes that modern interpretations often misread Founding-era debates by projecting contemporary legal doctrines backward, obscuring the historical evolution of executive power discourse at the nation's founding.
Additional Information
- Source:American Journal of Legal History. 2023/09, Vol. 63, Issue 3, p229
- Document Type:Article
- Subject Area:Law
- Publication Date:2023
- ISSN:0002-9319
- DOI:10.1093/ajlh/njad006
- Accession Number:175621479
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