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Constitutional Law

Hanah M. Volokh

Legislation

Institution
Publication Year

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Full-Text Articles in Law

A Read-The-Bill Rule For Congress, Hanah Volokh Dec 2010

A Read-The-Bill Rule For Congress, Hanah Volokh

Hanah M. Volokh

In this Article, I argue that legislators have a duty to read the text of proposed legislation before voting to enact it. A Read the Bill political movement has formed in response to recent high-profile instances of rushed legislation. Putting aside partisan concerns, a rushed legislative process creates real problems because it forces legislators to vote on bills without having the time to properly evaluate the new legal rules that are being imposed on citizens If a rule or norm of reading the bill can slow the legislative process enough to provide for thorough consideration of proposed legislation, it would …


The Two Appointments Clauses: Statutory Qualifications For Federal Officers, Hanah M. Volokh Sep 2008

The Two Appointments Clauses: Statutory Qualifications For Federal Officers, Hanah M. Volokh

Hanah M. Volokh

Congress often exercises control over appointments to federal office by writing job qualifications and putting them directly into the statute creating the office. This practice is best examined by viewing the Appointments Clause not as a single entity, but as two related clauses that set up two very different methods of appointment: presidential nomination and Senate confirmation as the default method, and vesting in one of three authorized positions as an optional alternative method for certain types of officers. When creating an office, Congress must choose one of these methods for appointing the officer, but cannot create a hybrid method …