Tag: Legislative Process

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 »

Temporary-Effect Legislation, Political Accountability, and Fiscal Restraint

George K. Yin - University of Virginia School of Law

The proper duration of legislation has become highly controversial ever since the enactment of many temporary tax laws during the George W. Bush Administration.  Most observers believe that passage of “temporary-effect” legislation—laws with an explicit expiration date or “sunset” feature—permits the cost of legislation to be misrepresented and allows its… Read More »