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Constitutional Restoration by Executive Order

By John O. McGinnis
October 01, 2004
I offer here a fresh normative defense of the president’s exercise of regulatory review authority and his role in enforcing federalism—responsibilities embodied in executive orders issued by President Ronald Reagan and continued in large measure by President William Jefferson Clinton. These executive orders move in some measure toward the restoration of two central principles of the original Constitution—tricameralism (i.e., the combination of bicameralism and the presidential veto) and federalism. While the previous orders advance this constitutional restoration, further revisions would make the orders even more effective instruments of reviving the original constitution....