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Speech, Intent, And The President, Katherine Shaw
Speech, Intent, And The President, Katherine Shaw
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Judicial inquiries into official intent are a familiar feature of the legal landscape. Across various bodies of constitutional and public law — from equal protection and due process to the first amendment’s free exercise and establishment clauses, from the eighth amendment to the dormant commerce clause, and in statutory interpretation and administrative law cases across a range of domains — assessments of the intent of government actors are ubiquitous in our law. But whose intent matters to courts evaluating the meaning or lawfulness of government action? When it comes to statutes, forests have been felled debating the place of legislative …
State Administrative Constitutionalism, Katherine Shaw
State Administrative Constitutionalism, Katherine Shaw
Articles
“Administrative constitutionalism” has been the subject of much rich scholarship in recent years. Although the term is employed in a range of distinct (though related) ways, this essay is primarily concerned with administrative constitutionalism in its most literal sense: that is, administrative agencies' interactions with the constitution — and here I mean both state and federal constitutions — when they engage in the work of ordinary law implementation, interpretation, and rulemaking. While the existing “administrative constitutionalism” literature focuses almost exclusively on federal agencies, this piece asks what we can learn from examining state agencies’ interactions with constitutional norms and principles. …