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Constitutional Law

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Selected Works

2019

Legislative Power

Articles 1 - 10 of 10

Full-Text Articles in Law

Congress, The Courts, And Party Polarization: Why Congress Rarely Checks The President And Why The Courts Should Not Take Congress’S Place, Neal Devins Sep 2019

Congress, The Courts, And Party Polarization: Why Congress Rarely Checks The President And Why The Courts Should Not Take Congress’S Place, Neal Devins

Neal E. Devins

No abstract provided.


Signing Statements And Divided Government, Neal Devins Sep 2019

Signing Statements And Divided Government, Neal Devins

Neal E. Devins

No abstract provided.


The Exceptions Clause As A Structural Safeguard, Tara Leigh Grove Sep 2019

The Exceptions Clause As A Structural Safeguard, Tara Leigh Grove

Tara L. Grove

Scholars have long treated the Exceptions Clause of Article III as a serious threat to the Supreme Court’s central constitutional function: establishing definitive and uniform rules of federal law. This Article argues that scholars have overlooked an important function of the Clause. Congress has repeatedly used its broad “exceptions power” to facilitate, not to undermine, the Supreme Court’s constitutional role. Drawing on insights from social science, this Article asserts that Congress has an incentive to use its control over federal jurisdiction to promote the Court’s role in settling disputed federal questions. Notably, this argument has considerable historical support. When the …


When Delegation Begets Domination: Due Process Of Administrative Lawmaking, Evan J. Criddle Sep 2019

When Delegation Begets Domination: Due Process Of Administrative Lawmaking, Evan J. Criddle

Evan J. Criddle

No abstract provided.


Congressional Factfinding And The Scope Of Judicial Review: A Preliminary Analysis, Neal Devins Sep 2019

Congressional Factfinding And The Scope Of Judicial Review: A Preliminary Analysis, Neal Devins

Neal E. Devins

No abstract provided.


Congress, Civil Liberties, And The War On Terrorism, Neal Devins Sep 2019

Congress, Civil Liberties, And The War On Terrorism, Neal Devins

Neal E. Devins

In exercising his war-making powers, the President has historically pursued war-related initiatives that implicate civil liberties. Meanwhile, the Congress, with little incentive to resist these initiatives, has played a steadily declining role in warmaking. In this Essay, Professor Devins examines this dynamic, and argues that with Congress largely standing on the sidelines as the President leads the nation in war, it is the American public that has become the principal check on the powers of the President in wartime.


Congress As Culprit: How Lawmakers Spurred On The Court's Anti-Congress Crusade, Neal Devins Sep 2019

Congress As Culprit: How Lawmakers Spurred On The Court's Anti-Congress Crusade, Neal Devins

Neal E. Devins

No abstract provided.


Abdication By Another Name: An Ode To Lou Fisher, Neal Devins Sep 2019

Abdication By Another Name: An Ode To Lou Fisher, Neal Devins

Neal E. Devins

No abstract provided.


Using Statutes To Set Legislative Rules: Entrenchment, Separation Of Powers, And The Rules Of Proceedings Clause, Aaron-Andrew P. Bruhl Sep 2019

Using Statutes To Set Legislative Rules: Entrenchment, Separation Of Powers, And The Rules Of Proceedings Clause, Aaron-Andrew P. Bruhl

Aaron-Andrew P. Bruhl

No abstract provided.


Burying The “Continuing Body” Theory Of The Senate, Aaron-Andrew P. Bruhl Sep 2019

Burying The “Continuing Body” Theory Of The Senate, Aaron-Andrew P. Bruhl

Aaron-Andrew P. Bruhl

In the U.S. Senate, only one-third of the members stand for election every two years; the rest carry over from one congressional term to the next. In this regard the Senate differs from the House of Representatives, where all members stand for election every two-year cycle. That much is familiar, but what legal consequences flow from this structural difference? According to some legislators, courts, and commentators, this difference is very important in that it makes the Senate, but not the House, a "continuing body." The continuing-body idea is invoked to defend highly controversial aspects of Senate practice. By far the …