Displace as well as to Appoint

 

Lev Menand, ‘Fact Checking Oral Argument in [Trump v.] Slaughter,’ Notice & Comment (Dec. 10, 2025), <https://www.yalejreg.com/nc/fact-checking-oral-argument-in-slaughter-by-lev-menand/> (“The English default rule—against which the Constitution was written—was a symmetry rule: offices without tenure cease when the appointing power makes a new appointment and therefore the power to appoint entails the power to remove. This is what Alexander Hamilton understood in the Federalist No. 77 ….” (first emphasis in the original, second emphasis added)).

The author's use of “entails” is interesting—almost as if it is non-controversial—almost as if no citation to authority is necessary. For Professor Menand, it is the only reading!

I think the OVERTON window on Federalist No. 77 is shifting.

I am encouraged.

Seth

Seth Barrett Tillman, ‘Displace as well as to Appoint,’ New Reform Club (Dec. 17, 2025, 15:54 PM), <https://reformclub.blogspot.com/2025/12/displace-as-well-as-to-appoint.html>;