Historicizing the Executive


Publish Date:
April 2, 2020
Publication Title:
Harvard Law & Policy Review
Journal Article
  • Bernadette Meyler, Historicizing the Executive, Harvard Law & Policy Review (2020) (online symposium "The Future of Progressive Constitutionalism" undertaken together with the Harvard Law School chapter of the American Constitution Society).


From the Harvard Law & Policy Review summary of the online symposium “The Future of Progressive Constitutionalism:”

Professor Meyler provides a timely contribution to the literature on the original understanding of executive power in America. Her piece reflects on the near-total exclusion of executive power from the topics explored in The Constitution in 2020, and illustrates that self-avowed conservative originalists have embraced the theory of a unitary executive despite contrary historical evidence. Furthermore, she calls for an overdue expansion of historically grounded scholarship setting out a theory of executive power more resistant to forces of populism and tyrannical abuses of power.