Is the Constitution a Power of Attorney Or a Corporate Charter? A Commentary on 'A Great Power of Attorney'
Author | : John Mikhail |
Publisher | : |
Total Pages | : 0 |
Release | : 2019 |
ISBN-10 | : OCLC:1375179750 |
ISBN-13 | : |
Rating | : 4/5 (50 Downloads) |
Download or read book Is the Constitution a Power of Attorney Or a Corporate Charter? A Commentary on 'A Great Power of Attorney' written by John Mikhail and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In their stimulating book, "'A Great Power of Attorney': Understanding the Fiduciary Constitution," Professors Gary Lawson and Guy Seidman argue that: (1) the Constitution of the United States is a power of attorney, or at least usefully analogized to a power of attorney; (2) although the United States of America is a legal corporation, the Constitution of the United States is not a corporate charter; and (3) the Necessary and Proper Clause is best understood as a narrow incidental powers clause. In this commentary, I dispute all three claims and explain why I believe Lawson and Seidman are mistaken about them.