Update (Sept. 30, 2022): I’ve posted a draft to SSRN. Comments welcome!
I have a new work in progress, tentatively titled “The Virtuous Executive,” in which I argue that certain character traits like loyalty, honesty, and judgment—what I call the executive virtues—play an essential role in the proper functioning of Article II and the broader separation of powers, and that this has concrete implications for constitutional law, including how Congress and the courts can and should check executive power. It’s still a very early version, so for now I’m only posting the table of contents and introduction (download here or preview below). I’d love to get feedback, so if you’d like to read a copy, please email me and I’ll send you the full draft. And if you have a faculty workshop slot you need to fill, I’d be delighted to present the paper.
20211018-Rozenshtein-The-Virtuous-Executive