I largely agree with this, but... Isn't this largely the fault of Congress and The Courts abdicating this power to the Executive? The Executive didn't so much steal this power... As it was Congress mostly that ceded that power. No?
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Whether consciously or subconsciously, the originalists seem intent on writing Carl Schmitt into the Constitution. Schmitt's analysis of the shortfalls of liberal constitutionalism are shrewd, but they fly in the face of historic intent. Contingency, however, is a fickle juror.
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Can one believe in the Constitution and the Imperial CFPB at the same time?
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