Nitisha Baronia, Jared Lucky, & Diego A. Zambrano, Private Enforcement at the Founding and Article II, 114 Calif. L. Rev. __ (forthcoming, 2026), available at SSRN (May 8, 2024).
If we were on Family Feud and the question was “Name a constitutional obstacle to private enforcement of federal substantive law,” the #1 answer on the