https://www.lawfareblog.com/originalist-presidency-practice > Perhaps even more fundamentally, any approach that privileges whichever > branch can act and object more—as the gloss approach does—will systematically > favor the president over Congress, because the president can act more easily > and has invested in institutions like the Department of Justice’s Office of > Legal Counsel (OLC), whose role is to object to perceived constitutional > intrusions by Congress. Congress, meanwhile, lacks such an institution and > has not had the incentive to create one. In short, as Prakash explains (and > as other scholars have suggested), an interpretive method that treats > consistent past practice and lack of objection as evidence of > constitutionality will systematically privilege the president. And, as > Prakash shows, so it has.
This point about investing in the OLC as a "deep state" institution seems important. Can it be true that Congress doesn't have anything similar? Would the CRS be a model for such? <https://crsreports.congress.gov/> Or perhaps even play that role? -- glen ep ropella 971-599-3737 - .... . -..-. . -. -.. -..-. .. ... -..-. .... . .-. . FRIAM Applied Complexity Group listserv Zoom Fridays 9:30a-12p Mtn GMT-6 bit.ly/virtualfriam un/subscribe http://redfish.com/mailman/listinfo/friam_redfish.com archives: http://friam.471366.n2.nabble.com/ FRIAM-COMIC http://friam-comic.blogspot.com/
