Government under the U.S. Constitution is not parliamentary. To be certain of this, we need notice only two features of American government. First, the person primarily responsible for administering the American government is chosen independently of the national legislature in most circumstances. Second, that person does not depend for continuation in offi ce on majority support in the House of Representatives. During the century of the American founding, the British government was evolving a practice whereby the national legislature’s choice of persons to administer the nation from day to day was consistently accepted by the monarch. Those who could assemble majority support in the elected chamber of the British Parliament were appointed by the monarch as his ministers. Those appointees served formally at the monarch’s pleasure, but in fact their appointments depended on parliamentary support and did not last longer than Parliament’s confi dence in them. Parliamentary systems of government are distinguished by their conformity with the British prototype in four respects, the fi rst two essential and the other two usual. First, the choice of those who will administer government is directly or indirectly determined by a legislature in most circumstances, and second, the chosen ministers depend for their continuation in offi ce on continued majority support in the legislature. Where a legislature is bicameral, control over who will administer government belongs to the legislative chamber that is most representative of the whole population. In addition, in most parliamentary systems, those who will administer government are chosen from among incumbent legislators, and the offi ce of national chief executive is a formal one that does not normally involve actual administrative decision making. There is said to be a separation of “head of state” from “head of government.”

Here’s a refined biography of Laurence P. (Paul) Claus, based on reliable sources:

🎓 Early Life & Education

• Born in Australia, Claus earned undergraduate degrees in Economics and Law (LL.B.) from the University of Queensland.

• Went on to complete a D.Phil. in Law at the University of Oxford (iconnectblog.com, digital.sandiego.edu).

⚖️ Legal & Academic Career

• Judicial Clerkships & DOJ Service
  Claus clerked for the Chief Justice of Queensland, then for Hon. Frank Easterbrook at the U.S. Court of Appeals, Seventh Circuit. Before that, he worked at the U.S. Department of Justice’s Office of Foreign Litigation in London (iconnectblog.com).

• Professor at University of San Diego School of Law
  He has been on faculty for 17 years, teaching Comparative Constitutional Law, U.S. Constitutional Law, Contracts, Animal Law, and Law of Democracy (talentrocket.de).

  • Emphasizes community, creativity, and mentorship in legal education (talentrocket.de).

• Expertise & Roles
  A member of the American Law Institute, Claus works extensively in constitutional theory, comparative public law, and legal philosophy, with involvement in international constitutional reform efforts (ali.org).

📚 Publications & Scholarly Work

• Book: Law’s Evolution and Human Understanding (Oxford University Press, 2012)

  • Proposes law as evolving systems of social signals—fast-paced, anecdotal, and philosophically rich (digital.sandiego.edu).

• Articles:

  • Implication and the Concept of a Constitution (1995): Explores written vs. unwritten constitutional principles—focusing on Australia and U.S. judicial approaches (digital.sandiego.edu).

• Ongoing Research:
  Investigating constitutional powers allocation, vertical/horizontal separation of powers, and critiques of the U.S. unitary executive model .

📝 Professional Approach & Personal Interests

• Writing Style:
  Prefers focused writing blocks with minimal distractions during initial drafting, later blending rigorous thought with creative reflection (theinsider1.com).

• Student Engagement:
  Actively supports students through moot court coaching, career advising, and collaborative community events (talentrocket.de).

• Life Outside Work:
  Enjoys running in Balboa Park, beachfront walks, and social dinners — balancing a scholarly life with personal well-being (talentrocket.de).

🏆 In Summary

Laurence P. Claus is a distinguished legal scholar and educator whose multifaceted career spans:

• Comparative constitutional law

• Legal philosophy and theory

• Contract and animal law

• International government reform

He excels in linking academic rigor with a mentorship-driven pedagogy, all while advancing legal thought through accessible, innovative scholarship.

Need deeper info on one of his works or class syllabi? I’d be happy to dive in!