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Jack interviews Caleb Nelson, the Emerson G. Spies Distinguished Professor of Law at the University of Virginia School of Law, about his working paper, “Against the Dictatorial Presidency.” They discuss the modern history of unitary executive theory, Nelson’s criticisms of the theory in Slaughter, the relevance of the Necessary and Proper Clause, and the dangers of Slaughter, with special focus on the civil service. Goldsmith and Nelson close by discussing the Court’s unexplained Fed carve-out, with Nelson lamenting the Court’s selective willingness to consider consequences in crafting the unitary executive.
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