On July 9, President Trump nominated widely respected D.C. Circuit Judge Brett Kavanaugh to the U.S. Supreme Court. The attacks from the Democrats were as quick as they were predictable. But, in addition to the standard litany of Roe v. Wade hyperventilation and the predictions that Jim Crow is returning, a new line of argument soon developed. Democratic Leader Chuck Schumer said that Judge Kavanaugh believed in broad presidential authority that was “just off the deep end,” and that Senate Democrats would make this a major issue in their opposition to his confirmation.

While the Democrats may indeed use this a line of attack, it appears more likely that the opposite is true. In fact, belief in the broad power of the executive is more deeply rooted in the legislative and judicial branches, who have helped create it, than it is in Kavanaugh.