Tag: Nondelegation

Habeas and (Non-)Delegation

Paul Diller Willamette University College of Law

At its core, the Constitution’s Suspension Clause protects against arbitrary executive imprisonment. For this reason, the Supreme Court has consistently interpreted the Clause to require that Congress make available some means of contesting executive detention before a neutral magistrate. Prior to the Court’s decision in Boumediene v Bush, which held that… Read More »

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

Ittai 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 »