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Constitutional Law

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2019

Articles 1 - 2 of 2

Full-Text Articles in Law

The Last Word Debate: How Social And Political Forces Shape Constitutional Values, Neal Devins Sep 2019

The Last Word Debate: How Social And Political Forces Shape Constitutional Values, Neal Devins

Neal E. Devins

No abstract provided.


Government Standing And The Fallacy Of Institutional Injury, Tara Leigh Grove Sep 2019

Government Standing And The Fallacy Of Institutional Injury, Tara Leigh Grove

Tara L. Grove

A new brand of plaintiff has come to federal court. In cases involving the Affordable Care Act, the Defense of Marriage Act, and partisan gerrymandering, government institutions have brought suit to redress “institutional injuries”—that is, claims of harm to their constitutional powers or duties. Jurists and scholars are increasingly enthusiastic about these lawsuits, arguing (for example) that the Senate should have standing to protect its power to ratify treaties; that the House of Representatives may sue to preserve its role in the appropriations process; and that the President may go to court to vindicate his Article II prerogatives. This Article …