« Michael Dorf on Originalism and Precedent
Michael Ramsey
| Main | New Book: "Almost Citizens" by Sam Erman
Michael Ramsey »

12/15/2018

Adrian Vermeule: The Publius Paradox
Michael Ramsey

Adrian Vermeule (Harvard Law School) has posted The Publius Paradox (forthcoming, Modern Law Review) on SSRN.  Here is the abstract:

At the Philadelphia convention assembled to draft a new Constitution, Alexander Hamilton argued “[e]stablish a weak government and you must at times overleap the bounds. Rome was obliged to create dictators.” Publius then expands upon this argument in several ways in the Federalist. I suggest that Publius identifies a dynamic or mechanism, the “Publius Paradox,” that warrants great attention: Under particular conditions, excessive weakness of government may become excessive strength. If the bonds of constitutionalism are drawn too tightly, they will be thrown off altogether when circumstances warrant. After illustrating and then analysing this “Publius Paradox,” I will turn briefly to its implications, the main one being that constitutional law should be cast as a loosely-fitting garment — particularly the executive component of the constitution and the scope of executive powers.