From a reader:
Jonah, I realize that the Corner has moved away from the discussion of
the origins of the phrase “The Constitution in Exile.” However, I
believe that this phrase was first used by Douglas Ginsberg when
reviewing David Schoenbrod’s book entitled “Power Without
Responsibility: How Congress Abuses the People through Delegation.”
The review appeared in Regulation Magazine in 1995. The link is below.
http://www.cato.org/pubs/regulation/reg18n1f.html
Best wishes for a Happy New Year.