Beau Baumann 🍎

Beau Baumann 🍎

@beaubaumann.bsky.social

Constitutional Law Prawf @ University of Utah S.J. Quinney College of Law. Formerly YLS, Cornell Law, DOJ. (Account does not represent opinions of my employer) . . . Also, vintage menswear enthusiast . . .

7.9K followers1.5K following141 posts

Beau Baumann 🍎 reposted

Beau Baumann 🍎 reposted

I wholeheartedly applaud the use of a diagram in this article. Law profs should do this more.

Beau Baumann 🍎@beaubaumann.bsky.social

My work with @jedshug.bsky.social, "Quasi-Judicial: A History and Tradition", is out with @columlrev.bsky.social. The folks at Columbia absolutely blew me away! They were so kind and anybody would be lucky to work with their tremendous editors. A thread on the piece and its implications. . . .

Beau Baumann 🍎 reposted

A good article, and I'd add something outside its scope: it's ridiculous how originalists claim the Fed is uniquely insulated from politics. "The money question" was an ongoing fight in US politics from 1787 to 1913! It's why you learned in school about "Second Bank of the US" and "Cross of Gold."

Beau Baumann 🍎@beaubaumann.bsky.social

My work with @jedshug.bsky.social, "Quasi-Judicial: A History and Tradition", is out with @columlrev.bsky.social. The folks at Columbia absolutely blew me away! They were so kind and anybody would be lucky to work with their tremendous editors. A thread on the piece and its implications. . . .

Beau Baumann 🍎 reposted

The risk is that anti-Musk sentiment gets transformed into facile libertarianism. "It's all just corruption, so why bother with Big Government?" Democrats can -- and should -- preempt that by articulating a clearer vision of what Big Government should be. Something they've not done well in the past.

Beau Baumann 🍎@beaubaumann.bsky.social

This is really about electoral politics in places like TX. But it gets you thinking. After 2028, the Dems should really make this guy squeal. His fortune depends on state subsidies and us keeping the Chinese EVs out of the market.

Beau Baumann 🍎 reposted

The easiest thing is to cancel the Space X and Starlink contracts b/c he is, definitely not a responsible contractor. One of the reasons he is trying to merge Tesla, Space X Tesla and Twitter is that if they stay separate, I would kick him off Space X with a swiftness if I was on the Board.

Beau Baumann 🍎@beaubaumann.bsky.social

This is really about electoral politics in places like TX. But it gets you thinking. After 2028, the Dems should really make this guy squeal. His fortune depends on state subsidies and us keeping the Chinese EVs out of the market.

View full thread

Because musk is so unpopular, this all might be the lynchpin in a new industrial policy. Ie, we should think about requiring the Chinese to base domestic manufacturing in different communities across the US. We should create a new authority to manage that Quid pro quo.

And the fact that this fucks over such a cretin is part of what you use to sell this to the American people. Industrial policy is linked to anti-domination by trillionaires.

Tomorrow, if you flooded the market with superior Chinese evs, this guy is fucked. He can’t compete. So I think it would behoove us to think about the terms under which we would allow the Chinese to sell in the USA.

Totally worth recalling that this matches (I think) Taft’s own idea of what the quasi judicial function contained in his writings on the comptroller. Even Mr Unitarian looked at case by case decisionmaking on “warrants” (a lot like an app) as quasi judicial.

Mark Histed@markhisted.org

This week two law professors published an article, "Quasi-Judicial: a History and Tradition." I wrote about why this bears on science and future cures. Worth a read if you're interested in the future of NIH and US science. markhisted.substack....

Beau Baumann 🍎 reposted

Very good thread. Looking forward to reading this.

Beau Baumann 🍎@beaubaumann.bsky.social

My work with @jedshug.bsky.social, "Quasi-Judicial: A History and Tradition", is out with @columlrev.bsky.social. The folks at Columbia absolutely blew me away! They were so kind and anybody would be lucky to work with their tremendous editors. A thread on the piece and its implications. . . .

👇🏻👇🏻👇🏻 The only trouble with this is which Myers? The like 5 pages of actual holdings, or the 💯 plus of Unitarian hotboxing? Most insane dicta-to-holding ratio since Dred Scott.

jamelle@jamellebouie.net

i want "do you think myers was rightfully decided" to be a litmus test for democratic judicial nominees

Bad, bad, bad. GAO is a critical institution for Article I.

The Washington Sun@washingtonsun.com

The GAO is looking to shed staff as it faces a budget crunch, increasing the potential for delays in its investigatory work. https://www.washingtonsun.com/administration/government-watchdog-gao-agency-cutting-staff

Beau Baumann 🍎 reposted

"In my opinion, this Article is a deathblow to the unitary executive theory..." And, relevant to science: "Lawmakers throughout US history have [shielded from political control] modes of administration that ... handled sensitive money-related tasks." I'd say science grantmaking is exactly that.

Beau Baumann 🍎@beaubaumann.bsky.social

New Substack celebrating the publication of "Quasi-Judicial: A History and Tradition" with @columlrev.bsky.social

Who gets to design the American state? Can Congress protect legal judgment from presidential pressure? Those are the stakes behind the dry phrase “quasi-judicial.” Our new article offers a history of administration that rejects the idea that the state is the manifestation of presidential will.

Our claim is precise: Not every judge-like administrator must be independent. Congress has historically had discretion to decide WHEN and WHERE insulation is needed. The constitutional tradition includes legislative choices about how government works—not just presidential commands.

That history illuminates the tension between Slaughter and Cook: The Court dismantled the foundation for independent commissions while preserving protections for Federal Reserve governors. Our argument: Monetary independence belongs to a broader tradition the Court cannot simply erase.

This tradition reached the Attorney General’s office. In 1820, William Wirt compared his role to a judge’s. In 1854, Caleb Cushing called it “quasi judicial.” The idea that administration could require judgment insulated from political command long predates the New Deal.

Lawmakers built that insight into institutions: removal protections, fixed terms, multimember bodies, and court-like procedures. These arrangements created layers between political will and government action. We call this “administrative depth.” It has a long constitutional pedigree.

Here’s the irony: Some New Dealers helped popularize the story that these categories were judicial inventions. Conservative lawyers later turned that story against agency independence. A narrative used to defend Roosevelt’s power became a weapon for expanding Trump’s.

Start with a surprise: English legal thinkers understood judicial power as a species of executive power. Calling a power “executive” did not settle who could control its exercise. That is precisely the question today. The linkage between executive and judicial powers has been with us ever since.

In “Quasi-Judicial: A History and Tradition,” Jed Shugerman and I trace four centuries of officials who executed the law but were expected to act like judges. That history challenges the claim that executing federal law necessarily means answering to the President.

The familiar story: In 1935, a Supreme Court hostile to FDR invented “quasi-judicial” and “quasi-legislative” power to justify independent agencies. Our finding: Those categories drew on a much older tradition of institutional design. The supposed invention had centuries of ancestors.

Does the Constitution require a government that answers to one man’s will? The strongest version of the “unitary executive” theory points that way. But the history tells a very different story. Our new Columbia Law Review article recovers it. 🧵

Brazilian Democracy > American Democracy Brazilian Juristocracy > American Juristocracy I don't know man. I think militant democracy might work in a country that is more serious than the USA.

The Washington Sun@washingtonsun.com

Brazilian Senator Flávio Bolsonaro has reportedly fled the country following his presidential election loss over the weekend. https://www.washingtonsun.com/foreign-policy/brazilian-presidential-candidate-flavio-bolsonaro-flees-us-following-loss

Beau Baumann 🍎 reposted

Here's your weekly helping of Beau & Tell Scholarship with references to @katejackson.bsky.social @mtokson.bsky.social and others! I highly recommend Kate's new substack and Matt's tremendous (albeit bleak) new paper on "Near-Total Law Enforcement".

bbaumann.substack.comBeau & Tell Scholarship Roundup October 26, 2026Authoritarian legality, constitutional pluralism, institutional power, financial regulation, and Law and Political Economy.

Let me know if anybody is interested in a panel on reconstruction, constitutional politics, or LPE + history! 🙂

Beau Baumann 🍎 reposted

I just think that this is where the rubber meets the road when I say I’m against ~American~ juristocracy. In many places, courts do this crazy thing of trying to protect democracy!!!

Almost typed, “really wish I too could have a disordered attachment to the Cheesecake Factory, but not in this economy.” Couldn’t pretend that if I were awash in cash, I’d really be spending it at the Cheesecake Factory of all fucking places.

I mean yeah, but also, we’re like a decade into serious court packing conversations, and nobody on the left flank has tried to instututionalize. Very woeful. Also, its a good reason to distrust that anything serious is gonna come out of 2028.

Professa Murray@kalimurray.bsky.social

I agree with that buddy! I always been impressed by the conservative community’s commitment to mentoring and organization. The legal left is obsessed with hierarchy.

Beau Baumann 🍎 reposted

A major problem on the legal left (more narrowly construed) is a severe lack of institutionalization.

Jenny Cohn@jennycohn.bsky.social

American Moment “takes in 15-30 paid fellows each semester…and teaches them to tuck in their shirts, shower daily, and network relentlessly.” By Ben Smith, 10/21/26 … 1/ www.semafor.com/article/10/2...