Open Access. Powered by Scholars. Published by Universities.®
- Publication
Articles 1 - 2 of 2
Full-Text Articles in Law
The Expansion Of Federal Legislative Authority, Terrance Sandalow
The Expansion Of Federal Legislative Authority, Terrance Sandalow
Book Chapters
During the 190 years since the Constitution's adoption, the legislative authority of the Congress has greatly expanded. In the beginning, Congress's powers were closely circumscribed, but over the years the boundaries by which they were initially confined have been almost entirely obliterated. Congress has ceased to be merely the legislative authority of a federal government; it has for all practical purposes acquired the legislative authority of a unitary nation. Especially in the economic sphere, it is only a small exaggeration to say that Congress now possesses plenary authority.
Of course, Congress need not-and, in fact, does not--exercise all the power …
Congress And The Supreme Court's Jurisdiction, Charles E. Rice
Congress And The Supreme Court's Jurisdiction, Charles E. Rice
Journal Articles
When a ruling of the supreme court meets with Congressional disfavor there are several remedies available to Congress. If the decision is not on a constitutional level, a later statutory enactment will suffice to reverse or modify the ruling. If, however, the Court's decision is an interpretation of a constitutional mandate, such as the requirement of the fourteenth amendment that legislative districts be apportioned according to population, then a statute could not reverse the decision because the statute itself would be subject to that constitutional mandate as defined by the Court.
The obvious method of reversing a Supreme Court interpretation …