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Congressional Standing To Sue: The Role Of Courts And Congress In U.S. Constitutional Democracy, Vicki C. Jackson
Congressional Standing To Sue: The Role Of Courts And Congress In U.S. Constitutional Democracy, Vicki C. Jackson
Indiana Law Journal
In recent years, legislatures and their members have increasingly asserted standing to sue other branches of government, in controversies involving state legislators or legislatures as party litigants and in controversies involving members of or parts of the U.S. Congress. These cases present challenging questions for the federal Article III courts, whose jurisdiction has been interpreted to be bounded by “justiciability” doctrines, including that the party invoking federal court jurisdiction must have standing to do so. This Essay will focus on congressional standing, discussing case law involving claims by state legislatures or legislators to the extent they are relevant.1 It will …
Substitute And Complement Theories Of Judicial Review, David E. Landau
Substitute And Complement Theories Of Judicial Review, David E. Landau
Indiana Law Journal
Constitutional theory has hypothesized two distinct and contradictory ways in which judicial review may interact with external political and social support. One line of scholarship has argued that judicial review and external support are substitutes. Thus, “political safeguard” theorists of American federalism and the separation of powers argue that these constitutional values are enforced through the political branches, making judicial review unnecessary. However, a separate line of work, mostly composed of social scientists examining rights issues, argues that the relationship between courts and outside support is complementary—judges are unlikely to succeed in their projects unless they have sufficient assistance from …
Constitutionalism, Democracy And Foreign Affairs, Louis Henkin
Constitutionalism, Democracy And Foreign Affairs, Louis Henkin
Indiana Law Journal
No abstract provided.
The Constitution As Architecture: A Charette, Larry Kramer
The Constitution As Architecture: A Charette, Larry Kramer
Indiana Law Journal
Symposium: Paul Bator: Legislative and Administrative Courts Under Article III
Veterans' Benefits, Judicial Review, And The Constitutional Problems Of Positive Government, Frederick Davis
Veterans' Benefits, Judicial Review, And The Constitutional Problems Of Positive Government, Frederick Davis
Indiana Law Journal
No abstract provided.