Academic

Tillman on Calabresi on the Incompatability Clause

By Lawrence Solum

Seth Barrett Tillman (United States District Court, PA) has posted An 'Utterly Implausible' Interpretation of the Constitution: A Reply to Professor Steven G. Calabresi (University of Pennsylvania Law Review PENNumbra, Vol. 157, No. 6, 2008) on SSRN.  Here is the abstract:

The Incompatibility Clause bars Representatives and Senators from "holding any office under the United States." In my opening paper, I argued that the phrase "office under the United States" is a term of art referring to statutory or appointed officers, not to the President. In short, the Incompatibility Clause does not bar joint Senate-Presidential office-holding; it bars Senators from working for the President (or being appointed by the President), it does not bar a Senator from being President.

Professor Steven G. Calabresi disagrees. He states that my position is "utterly implausible." This paper is my response to Professor Calabresi. The focus of our exchange relates to the Oaths and Affirmations Clause, the Impeachments Clause, and the Commissions Clause. Professor Calabresi will write a rejoinder ending our 4-part exchange.

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Full post as published by Legal Theory Blog on November 03, 2008 (boomark / email).