Tag: Judicial Review

Legislative Supremacy in the United States?: Rethinking the “Enrolled Bill” Doctrine

Ittai Bar-Siman-Tov Bar-Siman-Tov - Columbia Law School

The “enrolled bill” doctrine (EBD) requires courts to accept the signatures of the Speaker of the House and President of the Senate on an “enrolled bill” as unimpeachable evidence that the bill has been constitutionally enacted. This doctrine has the powerful effect of preventing judicial review of the legislative process—that is,… Read More »

Modernization and Lawlessness: A Reply to Professor Mitchell

David A. Strauss - The University of Chicago Law School

Professor Mitchell’s characteristically thoughtful and incisive comment makes many important points. I also agree with Professor Mitchell that a modernization approach gives political actors an incentive to behave strategically… Read More »

Ending the Endogeneity of Earmark Rules

Rebecca Kysar - Brooklyn Law School

For centuries, livestock owners have marked their animals by clipping their ears.  Paradoxically, the term we give to special interest provisions—”earmarks”—conflicts with its origins in this agrarian practice.  Far from revealing ownership, earmarks actually conceal their supporters and beneficiaries.  Undetected, these provisions are less costly because they face less opposition… Read More »