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Conventions In The Trenches, Katherine Shaw Jan 2020

Conventions In The Trenches, Katherine Shaw

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This short essay, responding to Professor Samuel Issacharoff and Dean Trevor Morrison's Jorde Lecture, “Constitution by Convention,” uses the recent litigation over the Trump Administration's efforts to add a citizenship question to the 2020 Census to highlight the significance of internal executive-branch conventions; it also explores both the procedural and substantive dimensions of lower-court inquiries into, and enforcement of, such conventions.