Law Commons^™

Why Our Next President May Keep His Or Her Senate Seat: A Conjecture On The Constitution’S Incompatibility Clause, Seth Barrett Tillman

Seth Barrett Tillman

In a few months, "We the People" will go to the polls and elect the electors who will elect (or, at least, have an opportunity to elect) the next President of the United States. Short of an act of God or an act of war, it is more likely than not that the next President will be a sitting United States Senator. The expectation is that a Senator/President-elect resigns his or her legislative seat some time prior taking the presidential oath of office. It is widely believed in large and influential academic circles and among the educated public generally that …

Textualist Hedgehogs And Structuralist Foxes: A Reply To The Critics Of My Incompatibility Clause Jurisprudence (Not Yet Drafted, Planned For 2011-2012 Publication), Seth Barrett Tillman

Seth Barrett Tillman

This is a placeholder for my future reply to Professor Saikrishna Bangalore Prakash's response, along with some related further responses to arguments put forward by Professor Steven G. Calabresi.

The Calabresi-Tillman exchange appears below under "Related Files".

This paper is not yet drafted.

[June 2, 2010]

Opening Statement: Why President-Elect Obama May Keep His Senate Seat After Assuming The Presidency, Seth Barrett Tillman

Seth Barrett Tillman

In a few months, "We the People" will go to the polls and elect the electors who will elect (or, at least, have an opportunity to elect) the next President of the United States. Short of an act of God or an act of war, it is more likely than not that the next President will be a sitting United States Senator. The expectation is that a Senator/President-elect resigns his or her legislative seat some time prior taking the presidential oath of office. It is widely believed in large and influential academic circles and among the educated public generally that …

Closing Statement: An "Utterly Implausible" Interpretation Of The Constitution: A Reply To Professor Steven G. Calabresi, Seth Barrett Tillman

Seth Barrett Tillman

In a few months, "We the People" will go to the polls and elect the electors who will elect (or, at least, have an opportunity to elect) the next President of the United States. Short of an act of God or an act of war, it is more likely than not that the next President will be a sitting United States Senator. The expectation is that a Senator/President-elect resigns his or her legislative seat some time prior taking the presidential oath of office. It is widely believed in large and influential academic circles and among the educated public generally that …

Senate Termination Of Presidential Recess Appointments, Seth Barrett Tillman

Seth Barrett Tillman

I argue that as a simple straight forward textual matter the Senate majority can terminate a presidential recess appointment by terminating their session, i.e., the session that meets following a presidential intersession recess appointment. If the president makes an intrasession recess appointment (assuming such things have any constitutional validity at all), the Senate can terminate that appointment too - by terminating the current session, immediately reassembling, and then terminating the new session!

I do not argue that American history or the Constitution's structure support this position, nor do I feel inclined to do so, where as here, the text is …

Terminating Presidential Recess Appointments: A Reply To Professor Brian C. Kalt, Seth Barrett Tillman

Seth Barrett Tillman

This article replies to Professor Kalt's response to my opening article, "Senate Termination of Presidential Recess Appointments."

I argue that as a simple straight forward textual matter the Senate majority can terminate a presidential recess appointment by terminating their session, i.e., the session that meets following a presidential intersession recess appointment. If the president makes an intrasession recess appointment (assuming such things have any constitutional validity at all), the Senate can terminate that appointment too - by terminating the current session, immediately reassembling, and then terminating the new session!

I do not argue that American history or the Constitution's structure …