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Articles 1 - 4 of 4
Full-Text Articles in Law
The Fourth Zone Of Presidential Power: Analyzing The Debt-Ceiling Standoff Through The Prism Of Youngstown Steel, Chad Deveaux
The Fourth Zone Of Presidential Power: Analyzing The Debt-Ceiling Standoff Through The Prism Of Youngstown Steel, Chad Deveaux
Chad DeVeaux
In this Article, I use the Youngstown Steel Seizure Case to assess the reoccurring debt-ceiling standoffs between Congress and the White House. If the Treasury reaches the debt limit and Congress fails to act, the president will be forced to choose between three options: (1) cancel programs, (2) borrow funds in excess of the debt limit, or (3) raise taxes. Each of these options violates a direct statutory command. In Youngstown, Justice Jackson asserted that “[p]residential powers are not fixed but fluctuate, depending upon their disjunction or conjunction with those of Congress.” He offered his famous three-zone template which evaluates …
Perverted Liberty: How The Supreme Court’S Limitation Of The Commerce Power Undermines Our Civil-Rights Laws And Makes Us Less Free, Chad Deveaux
Chad DeVeaux
I argue that the Supreme Court’s limitation of Congress’s commerce power in National Federation of Independent Business v. Sebelius undermines the edifice of federal civil-rights laws. NFIB narrowly upheld the Affordable Care Act’s individual mandate as a valid exercise of Congress’s tax power. But the Chief Justice and four dissenting Justices concluded that the mandate exceeds Congress’s commerce power. In their view, the Commerce Clause empowers the regulation of “existing commercial activity,” but does not permit Congress to “create commerce” by compelling one to engage in unwanted transactions. Because the individual mandate conscripts people to engage in involuntary transactions these …
Trapped In The Amber: State Common Law, Employee Rights And Federal Enclaves, Chad Deveaux
Trapped In The Amber: State Common Law, Employee Rights And Federal Enclaves, Chad Deveaux
Chad DeVeaux
The Constitution empowers Congress, with state consent, to establish federal enclaves for legitimate purposes including military bases and national parks. To date, Congress has established 5,000 federal enclaves covering nearly thirty percent of land in the United States. More than a million Americans live and work in such places. When an enclave is created, all state authority over it is terminated and the federal government assumes exclusive jurisdiction. State laws existing at the time of cession continue in effect until abrogated by Congress. But post-acquisition changes in state law, including common law rules, are not part of the body of …
Lost In The Dismal Swamp: Interstate Class Actions, False Federalism And The Dormant Commerce Clause, Chad Deveaux
Lost In The Dismal Swamp: Interstate Class Actions, False Federalism And The Dormant Commerce Clause, Chad Deveaux
Chad DeVeaux
While generally associated with prohibitions against economic balkanization, I argue that the dormant Commerce Clause serves an important ancillary function: It protects the polity of each State from regulatory intrusions by sister States. This sovereign-capacity function underlies the so-called per se rule of invalidity. When a State’s law “directly regulates” extraterritorial commerce, the Supreme Court has “generally struck down the statute without further inquiry.” Nonetheless, courts often certify multi-state class actions under the law of a single State. I argue that the Supreme Court’s ruling in BMW v. Gore that state courts may not use punitive-damages awards to force parties …