Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Citation List To "Noncontemporaneous Lawmaking," And To Tillman's Reply To Bruhl, Seth Barrett Tillman
Citation List To "Noncontemporaneous Lawmaking," And To Tillman's Reply To Bruhl, Seth Barrett Tillman
Seth Barrett Tillman
This document is a citation list to "Noncontemporaneous Lawmaking," and to Tillman's Reply to Bruhl.
[25 May 2016]
Noncontemporaneous Lawmaking: Can The 110th Senate Enact A Bill Passed By The 109th House?, Seth Barrett Tillman
Noncontemporaneous Lawmaking: Can The 110th Senate Enact A Bill Passed By The 109th House?, Seth Barrett Tillman
Seth Barrett Tillman
The text of the Constitution nowhere expressly demands contemporaneous action (i.e., during the life of a single two year session) by the two houses of Congress as a precondition for valid lawmaking. No on-point federal decision mandates contemporaneity - nor do the precedents of the two Houses (i.e., the reported decisions of the Speaker, the Clerk, the Secretary, the parliamentarians, etc.). Is this a power Congress has chosen never to exercise? Or, a power that Congress does not possess? Can we be sure that the federal courts would intervene to block such a practice, particularly if the bill were signed …
Defending The (Not So) Indefensible: A Reply To Professor Aaron-Andrew P. Bruhl, Seth Barrett Tillman
Defending The (Not So) Indefensible: A Reply To Professor Aaron-Andrew P. Bruhl, Seth Barrett Tillman
Seth Barrett Tillman
This paper replies to Professor Bruhl's response, Against Mix-and-Match Lawmaking, to my opening article: Noncontemporaneous Lawmaking. The trilogy of articles discuss the constitutional validity (or invalidity) of noncontemporaneous lawmaking, i.e., the House and the Senate passing the same bill, but not within a given two-year House term, followed by subsequent presentment to the President (some unspecified time thereafter). Professor Bruhl's erudite essay required that I clarify and fine tune my prior position. I respond to his arguments with textual, historical, and quasi-structural arguments.
This paper, like the opening article, makes heavy use of foreign authority, particularly Irish and Australian authority. …