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Full-Text Articles in Law
Separation Of Powers, Legislative Vetoes, And The Public Lands, Eugene R. Gaetke
Separation Of Powers, Legislative Vetoes, And The Public Lands, Eugene R. Gaetke
Law Faculty Scholarly Articles
The Supreme Court's decision in Immigration and Naturalization Service v. Chadha struck a serious, if not fatal, blow to the constitutional acceptability of the legislative veto. In Chadha the Court held that a provision of the Immigration and Naturalization Act, which permitted one House of Congress to reverse a decision by the Attorney
General not to deport an alien, was a violation of the doctrine of separation of powers since it did not comply with the requirements of passage by both Houses of Congress and presentment to the President. In light of that decision, the constitutionality of nearly 200 statutes …
Should Federal Courts Give Greater Effect To State Judgments Than Would The Courts That Rendered Them?, Gene R. Shreve
Should Federal Courts Give Greater Effect To State Judgments Than Would The Courts That Rendered Them?, Gene R. Shreve
Articles by Maurer Faculty
No abstract provided.
From Sovereignty To Process: The Jurisprudence Of Federalism After Garcia, Andrzej Rapaczynski
From Sovereignty To Process: The Jurisprudence Of Federalism After Garcia, Andrzej Rapaczynski
Faculty Scholarship
On February 19, 1985, the Supreme Court, in Garcia v. San Antonio Metropolitan Transit Authority, overruled its 1976 decision in National League of Cities v. Usery. Although the continued vitality of National League of Cities had been in question in recent years, the Court's abrupt repudiation of the very principle announced in that case is an event of considerable significance, beyond showing, one more time, that the rule of stare decisis has a limited application in the Court's modern constitutional adjudication. Garcia's importance lies, above all, in revealing the absence of anything approaching a well elaborated theory of federalism that …