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Full-Text Articles in Law and Politics

Alarmism Versus Moderation In Responding To The Rehnquist Court, Mark V. Tushnet Jan 2003

Alarmism Versus Moderation In Responding To The Rehnquist Court, Mark V. Tushnet

Georgetown Law Faculty Publications and Other Works

I begin in Part I by offering a description of the Supreme Court's recent decisions as a less substantial repudiation of prior principles than many think them to be, and as leaving Congress with the means to achieve a quite substantial proportion of the policy goals it pursued in the statutes the Court invalidated. Part II explains why Congress is unlikely to do so, in light of our apparent commitment to divided government, and parties that are organized around distinctive ideologies because of divided government. Part III turns to the prospect for continued policy transformation, identifying the conditions under which …


Justice White And Judicial Review, Philip J. Weiser Jan 2003

Justice White And Judicial Review, Philip J. Weiser

Publications

No abstract provided.


The Constitutionality Of An Executive Spending Plan, Paul E. Salamanca Jan 2003

The Constitutionality Of An Executive Spending Plan, Paul E. Salamanca

Law Faculty Scholarly Articles

Operation of government in the absence of appropriations has become relatively common in the United States, particularly when projected expenses exceed projected revenue, making adoption of a budget a difficult task for the legislature. This Article focuses on the budget crisis in the Commonwealth of Kentucky from 2002 through 2003. In Part I, this Article recapitulates the history of the spending plan, including the action filed in Franklin Circuit Court to affirm its constitutionality. In Part II, this Article discusses certain theoretical, historical, and legal principles that inform analysis of the plan. In Part III, it considers certain deviations and …