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Articles 1 - 3 of 3

Full-Text Articles in Law

Stare Decisis As A Constitutional Requirement, Thomas Healy Sep 2001

Stare Decisis As A Constitutional Requirement, Thomas Healy

West Virginia Law Review

No abstract provided.


Attorney General Taney & The South Carolina Police Bill, H. Jefferson Powell Jan 2001

Attorney General Taney & The South Carolina Police Bill, H. Jefferson Powell

Faculty Scholarship

No abstract provided.


Legislative Constitutional Interpretation, Neal K. Katyal Jan 2001

Legislative Constitutional Interpretation, Neal K. Katyal

Georgetown Law Faculty Publications and Other Works

This is an Essay about "the how" of constitutional interpretation. Much attention has been devoted to the question of how the Constitution is interpreted in courts. Rather little attention has been devoted to the question of how the Constitution is interpreted elsewhere in the government. The Constitution tells us that Congress, the President, and state legislators and courts must adhere to its terms, but it does not tell us how much interpretive power each actor should have, nor does it prescribe rules for each actor to use when interpreting the text. I argue that constitutional interpretation by Congress is, and …