Unitary Executive Interpretation: A Comment

These papers on the "unitariness of executive branch interpretation" are anything but unitary. The three authors offer distinctive views of constitutional structure, history, and practice. From Professor Miller we receive a Grand Unified Theory integrating public powers and private liberties. Professor Lessig gives us a refined view of early practice leading to the conclusion that originalism and the unified executive are incompatible, in part because the Founders themselves were not originalists but respected practical accommodations.

Professor Herz asks how far a government split among agencies can produce a unified (or sensible) program of regulation.