The President “shall take Care that the Laws be *faithfully* executed.” This constitutional text historically imposes fiduciary duties of care and loyalty against self-dealing pardons or self-protecting firings, as my friend and colleague Ethan Leib and I argue in The Washington Post:
http://bit.ly/2pdoIzK?cc=c79425e6c8038efead1f6ccedc0f2e1f
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Author: Jed Shugerman
Legal historian at Fordham Law School, teaching Torts, Administrative Law, and Constitutional History. JD/PhD in History, Yale. Red Sox and Celtics fan, youth soccer coach. Author of "The People's Courts: Pursuing Judicial Independence in America" (2012) on the rise of judicial elections in America. I filed an amicus brief in the Emoluments litigation against Trump along with a great team of historians. I'm working on "The Rise of the Prosecutor Politicians," a history of prosecutors and political ambition (a cause of mass incarceration), and "The Imaginary Unitary Executive," on the myths and history of presidential power in America.
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