At Lawfare, Benjamin Kleinerman (Michigan State) reviews Eric Posner & Adrian Vermeule, The Executive Unbound: After the Madisonian Republic, with special attention to James Madison’s views on separation of powers.
Posner and Vermeule are notable in that they are non-originalists (indeed, anti-originalists) whose views are more aligned with the political right than the political left. The Executive Unbound, as the title suggests, contends that the originalist (“Madisonian”) idea of separation of powers is outdated and argues both descriptively and normatively for an executive largely unchecked by law. (Posner and Vermeule further argue that the President is checked by public opinion, a check they find sufficient to overcome any legitimate concerns about excessive executive power). The book is a spirited and provocative contribution, and Kleinerman’s review makes important points in response.
Posted at 7:00 AM