Document Type

Working Paper

Publication Date

7-11-2019

SSRN Discipline

Legal Scholarship Network; Law School Research Papers - Legal Studies; Law & Society eJournals; Law & Society: Public Law eJournals; Legal Anthropology eJournals; Administrative Law eJournals; LSN Subject Matter eJournals; AARN Subject Matter eJournals; Constitutional Law, Jurisprudence & Legal Philosophy eJournals; Political Science Network; Anthropology & Archaeology Research Network

Abstract

Posits that a President or other state actor who acts out of animus toward racial or religious minorities does not deserve constitutional protection under the plenary power doctrine or any other prerogative or immunity Such an actor acts ultra vires and deserves no greater judicial consideration than would an ordinary actor such as a grocer or backroom clerk

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