Tradition is not the worship of ashes, but the preservation of fire.—Gustav Mahler

Sunday, December 10, 2023

Publications by Professor Saikrishna Prakash

 

Aditya Bamzaia & Saikrishna Bangalore Prakash, The Executive Power of Removal, 136 Harv. L. Rev. 1756, 1776 n.141 (2023) (citing Senator Charles Pinckney, approvingly, for the statement: “every officer of the United States is nominated by the President, and (except Judges) removable at his pleasure” (emphasis added));

Saikrishna Bangalore Prakash, The Appointment and Removal of William J. Marbury and When an Office Vests, 86 Notre Dame L. Rev. 199, 216–17 (2013) (“[T]he Appointments Clause provides that the President ‘shall nominate, and by and with the Advice and Consent of the Senate, . . . appoint’ all officers of the United States. . . . [T]he President must commission all officers of the United States.” (emphases added) (footnotes omitted));

Saikrishna Prakash, How the Constitution Makes Subtraction Easy, 92 Va. L. Rev. 1871, 1871 (2006) (affirming that “Congress may remove, via statute, all officers of the United States, save for federal judges with good behavior tenure” (emphasis added));

Saikrishna PrakashThe Chief Prosecutor, 73 Geo. Wash. L. Rev. 521, 583 n.360 (2005) (“The Appointments Clause grants the president the power to appoint all officers of the United States, with the advice and consent of the Senate.” (emphasis added));

Saikrishna B. Prakash, Branches Behaving Badly: The Predictable and Often Desirable Consequences of the Separation of Powers, 12 Cornell J.L. & Pub. Pol’y 543, 546 (2003) (noting that “the Constitution grants to the Senate the responsibility of confirming all non-inferior officers of the United States” (emphasis added));

Saikrishna Bangalore Prakash, Deviant Executive Lawmaking, 67 Geo. Wash. L. Rev. 1, 41 n.244 (1998) (noting that the Appointments Clause “establish[es] the requirement of senate confirmation for all officers, but permitting Congress, by law, to vest the appointment of inferior officers with the President, heads of departments, and courts” (emphasis added)); 

Saikrishna Prakash, Regulating Presidential Powers, 91 Cornell L. Rev. 215, 244 n.154 (2005) (reviewing Harold J. Krent, Presidential Powers (2005)) (“I have argued elsewhere that the [Inferior Office Appointments Clause] was necessary as a means of circumventing the burdensome requirement that all officers of the United States be appointed by the President and confirmed by the Senate.” (emphasis added)); 

Seth Barrett Tillman, Publications by Professor Saikrishna Prakash,’ New Reform Club (Dec. 10, 2023, 7:35 AM), <https://reformclub.blogspot.com/2023/12/publications-by-professor-saikrishna.html>; 


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