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Constitutional Law

Selected Works

Neal E. Devins

Selected Works

W&M Faculty

Articles 1 - 7 of 7

Full-Text Articles in Law

Where's The Politics?: Introduction To Williams, Eastland, Days, And Rabkin, Neal Devins Sep 2019

Where's The Politics?: Introduction To Williams, Eastland, Days, And Rabkin, 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.


Social Meaning And School Vouchers, Neal Devins Sep 2019

Social Meaning And School Vouchers, Neal Devins

Neal E. Devins

No abstract provided.


Why Congress Does Not Challenge Judicial Supremacy, Neal Devins Sep 2019

Why Congress Does Not Challenge Judicial Supremacy, Neal Devins

Neal E. Devins

Members of Congress largely acquiesce to judicial supremacy both on constitutional and statutory interpretation questions. Lawmakers, however, do not formally embrace judicial supremacy; they rarely think about the courts when enacting legislation. This Article explains why this is so, focusing on why lawmakers have both strong incentive to acquiesce to judicial power and little incentive to advance a coherent view of congressional power. In particular, lawmakers are interested in advancing favored policies, winning reelection, and gaining personal power within Congress. Abstract questions of institutional power do not interest lawmakers and judicial defeats are seen as opportunities to find some other …


How Not To Challenge The Court, Neal Devins Sep 2019

How Not To Challenge The Court, 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.


Budget Reform And The Balance Of Powers, Neal Devins Sep 2019

Budget Reform And The Balance Of Powers, Neal Devins

Neal E. Devins

No abstract provided.