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Full-Text Articles in Law
Delegating For Trust, Edward H. Stiglitz
Delegating For Trust, Edward H. Stiglitz
Cornell Law Faculty Publications
Courts and legal observers have long been concerned by the scope of authority delegated to administrative agencies. The dominant explanation of delegated authority is that it is necessary to take advantage of administrative agencies' expertise and expansive rulemaking capacity. Though this explanation makes sense in many settings, it falters in many areas and has given rise to a number of longstanding puzzles, such as why Congress does not invest in its own institutional capacity.
Unrecognized in this debate over the puzzles of delegation is that Congress may delegate to take advantage of another distinctive attribute of administrative decisionmaking: the credible …
How Constitutional Norms Break Down, Josh Chafetz, David E. Pozen
How Constitutional Norms Break Down, Josh Chafetz, David E. Pozen
Cornell Law Faculty Publications
From the moment Donald Trump was elected President, critics have anguished over a breakdown in constitutional norms. History demonstrates, however, that constitutional norms are perpetually in flux. The principal source of instability is not that these unwritten rules can be destroyed by politicians who deny their legitimacy, their validity, or their value. Rather, the principal source of instability is that constitutional norms can be decomposed—dynamically interpreted and applied in ways that are held out as compliant but end up limiting their capacity to constrain the conduct of government officials.
This Article calls attention to that latent instability and, in so …