Ilan Wurman Articles


L’État, C’est Moi

With the stroke of a pen, the executive branch reigns supreme
Jul 21, 2014

The administrative state is a modern invention. It was, and remains, a necessity in our complex modern age. Or so goes the argument. 

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Washington’s Monument

The roots of presidential war-making power are deep.
Nov 18, 2013

This account of George Washington’s wartime precedents regarding prisoner abuse, congressional power over war policy, military tribunals, and civilian rights represents one of the best and most colorful uses of history to help shape our understanding of the commander-in-chief clause of the Constitution. Anyone interested in the original meaning of the Constitution, or America’s revolutionary struggle generally, should read this riveting and informative account.

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Framers of Mind

A constitutional scholar asks: What were they thinking?
Jun 25, 2012

The battle between originalism and living constitutionalism has been waged in law schools and the public at large since the 1970s, and many liberal constitutional scholars have since hoped to strike the death knell of originalism as a viable constitutional theory. 

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