Many scholars have given historical practice a central place in understanding the law of executive power. They observe that the powers, duties, and institutional framework of the contemporary presidency are vastly different from those that existed in the eighteenth and nineteenth centuries.1 Two standard examples are independent regulatory agencies and the president’s unilateral power to use military force. It is no accident that the two longest-running disputes over executive power relate to the president’s influence over these agencies and presidential war...
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