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Full-Text Articles in Constitutional Law
Shadow Precedents And The Separation Of Powers: Statutory Interpretation Of Congressional Overrides, Deborah Widiss
Shadow Precedents And The Separation Of Powers: Statutory Interpretation Of Congressional Overrides, Deborah Widiss
Articles by Maurer Faculty
In both judicial decisions and critical commentary on statutory interpretation, the possibility of congressional override is generally considered a significant balance to the countermajoritarian reality that courts, through statutory interpretation, make policy. This Article demonstrates that the "check" on judicial power provided by overrides is not as robust as is typically assumed. One might assume that overridden precedents are functionally erased or reversed. But because Congress technically cannot overrule a prior decision, courts must determine whether the enactment of an override fully supersedes the prior judicial interpretation. Overrides thus raise unique, and previously largely ignored, questions of statutory interpretation. Using …
The Original And Exclusive Jurisdiction Of The United States Supreme Court, Wencelas J. Wagner
The Original And Exclusive Jurisdiction Of The United States Supreme Court, Wencelas J. Wagner
Articles by Maurer Faculty
No abstract provided.