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Full-Text Articles in Law

Foreword: Elected Branch Influences In Constitutional Decisionmaking, Neal Devins Sep 2019

Foreword: Elected Branch Influences In Constitutional Decisionmaking, Neal Devins

Neal E. Devins

No abstract provided.


Why Congress Does Not Challenge Judicial Supremacy, Neal Devins Sep 2019

Why Congress Does Not Challenge Judicial Supremacy, Neal Devins

Neal E. Devins

Members of Congress largely acquiesce to judicial supremacy both on constitutional and statutory interpretation questions. Lawmakers, however, do not formally embrace judicial supremacy; they rarely think about the courts when enacting legislation. This Article explains why this is so, focusing on why lawmakers have both strong incentive to acquiesce to judicial power and little incentive to advance a coherent view of congressional power. In particular, lawmakers are interested in advancing favored policies, winning reelection, and gaining personal power within Congress. Abstract questions of institutional power do not interest lawmakers and judicial defeats are seen as opportunities to find some other …


How Not To Challenge The Court, Neal Devins Sep 2019

How Not To Challenge The Court, Neal Devins

Neal E. Devins

No abstract provided.


Correspondence: The Stuff Of Constitutional Law, Neal Devins Sep 2019

Correspondence: The Stuff Of Constitutional Law, Neal Devins

Neal E. Devins

No abstract provided.


Constitutional Avoidance And The Roberts Court, Neal Devins Sep 2019

Constitutional Avoidance And The Roberts Court, Neal Devins

Neal E. Devins

No abstract provided.


Congress As Culprit: How Lawmakers Spurred On The Court's Anti-Congress Crusade, Neal Devins Sep 2019

Congress As Culprit: How Lawmakers Spurred On The Court's Anti-Congress Crusade, Neal Devins

Neal E. Devins

No abstract provided.