Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Lame-duck (2)
- Twentieth amendment (2)
- Adams (1)
- Breyer (1)
- CERCLA (1)
-
- Clear statement (1)
- Congress (1)
- Constitution (1)
- Constitutional law (1)
- Direct democracy (1)
- Eleventh amendment (1)
- GATT (1)
- George Norris (1)
- George Ryan (1)
- Intent (1)
- Jefferson (1)
- Lawrence Tribe (1)
- Madison (1)
- Marbury (1)
- Pardons (1)
- Plain meaning (1)
- Severability (1)
- Sovereign immunity (1)
- Statute (1)
- Statutory interpretation (1)
- Supreme Court (1)
- Unconstitutional (1)
Articles 1 - 5 of 5
Full-Text Articles in Entire DC Network
Severability, John C. Nagle
Severability, John C. Nagle
John Copeland Nagle
When a court holds a provision of a statute unconstitutional, a question remains regarding the validity of the remainder of the statute. The court may find that the unconstitutional provision may be severed from the statute and leave the remainder of the statute in effect. Alternatively, the court may hold that the unconstitutional provision cannot be severed and invalidate the entire statute. This article argues that the jurisprudence surrounding the issue of severability is confusing and inconsistent. After explaining the concept of severability and its ramifications for statutes, I trace the development of the current judicial test for determining when …
The Lame Ducks Of Marbury, John C. Nagle
The Lame Ducks Of Marbury, John C. Nagle
John Copeland Nagle
The election of 1800 was one of the most contested - and important - in American history. After it became clear that neither President John Adams nor a Federalist majority in Congress had been reelected, they acted during the lame-duck period to preserve their influences far into the future. They did so by appointing John Marshall as Chief Justice, ratifying the Treaty with France, creating numerous new federal judicial positions, and filling many of those positions with friends, family, and Federalists (including William Marbury). Not surprisingly, Jefferson and his supporters protested these actions as contrary to the will of the …
Direct Democracy And Hastily Enacted Statutes, John C. Nagle
Direct Democracy And Hastily Enacted Statutes, John C. Nagle
John Copeland Nagle
No abstract provided.
A Twentieth Amendment Parable, John C. Nagle
A Twentieth Amendment Parable, John C. Nagle
John Copeland Nagle
The twentieth amendment receives virtually no attention in modern American constitutional law. Adopted in 1933, the primary purpose of the amendment was to eliminate lame-duck Congresses. The proponents of the amendment argued that lame-ducks were subject to nefarious influences and that allowing lame-duck legislation contradicted the voice of the people in the most recent election. But the text of the twentieth amendment simply moved the date on which the newly elected President and Congress took office from March to January, and does not expressly prohibit lame-duck legislation. The framers of the amendment could not conceive of Congress meeting during the …
Waiving Sovereign Immunity In An Age Of Clear Statement Rules, John C. Nagle
Waiving Sovereign Immunity In An Age Of Clear Statement Rules, John C. Nagle
John Copeland Nagle
No abstract provided.