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H. Jefferson Powell

Researcher at Duke University

Publications -  47
Citations -  659

H. Jefferson Powell is an academic researcher from Duke University. The author has contributed to research in topics: Constitution & Constitutional law. The author has an hindex of 9, co-authored 46 publications receiving 655 citations. Previous affiliations of H. Jefferson Powell include Yale University & University of Dayton.

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Reflections on a Conversation

TL;DR: For example, this paper argued that the modern presidency's initiative in foreign affairs undermines republican government and that some constitutional changes can enable and sometimes require strategic innovation, and they also gave careful consideration to the principles that ought generally to govern the executive's interpretation of statutes that trench on presidential authority.
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Who's Afraid of Thomas Cromwell?

TL;DR: In the play A Man for All Seasons, the man of conscience, Sir Thomas More valiantly seeks to reconcile obedience to God, his love for his family and his profession, and his loyalty to King Henry VIII but is brought low by the King's insatiable lusts and his henchmen's determination to destroy More if they cannot corrupt him as discussed by the authors.
Journal ArticleDOI

The Province and Duty of the Political Departments

Abstract: The discussion apparently took up most of the legislative day. The issue before the House of Representatives involved a proposal to prohibit the involvement of certain federal revenue agents in electoral politics other than by casting their own votes. Supporters warned of the threat to free elections posed by official electioneering based on knowledge gained through public service or influence wielded through public office. They denounced the unfair political advantage an unscrupulous President could gain by having subordinates pursue the President's political goals, and they pointed out the vulnerability of government employees to political pressure from their superiors. Indeed, some members called for the extension of the electioneering ban to all revenue agents, or even to all federal employees. Critics of the proposed ban argued that the proposal would be an unconstitutional denial of the right of free expression, that its exclusion of the affected officials from the sphere of electoral politics was tantamount to a denial of their right to vote itself The practical result of its adoption, they warned, would be the very corruption of the public service that the proponents of the ban feared: only those so lacking in public spirit as to be suitable tools for an unscrupulous administration would undertake public service at the expense of their public rights to participate fully in the political process. In response, the proponents of the electioneering ban rejected the charges of unconstitutionality. Some objected to the notion that the ban would even touch on individual rights: the proposal would leave those affected with the same right to vote as any other citizen, and the restriction on political activity would be the result of the individual's free decision to accept government employment. Others conceded that the ban would interfere with free
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“Cardozo’s Foot”: The Chancellor’s Conscience and Constructive Trusts

TL;DR: In this article, it is said that "Equity is according to the conscience of the Chancellor, and as that is larger or narrower soe is equity" and "equity is a Roguish thing, for Law shall know what to trust too".