Response to The Incompatibility of Substantive Canons and Textualism
Vol. 137 No. 2 Introduction In an important new Article, The Incompatibility of Substantive Canons and Textualism, Professors Benjamin Eidelson and Matthew Stephenson argue that substantive canons cannot...
Vol. 137 No. 2 Abstract A majority of the Justices today are self-described textualists. Yet even as these jurists insist that “the text of the law is the...
Vol. 134 No. 1 The Patient Protection and Affordable Care Act (ACA), enacted in 2010, contained a number of provisions meant to encourage health insurers to provide services...
Vol. 133 No. 1 Congress fundamentally changed the punishment of federal crimes in the 1980s and almost entirely for the worse. The Comprehensive Crime Control Act of 1984...
Vol. 132 No. 4 The Constitution identifies three forms of supreme law — the Constitution, laws, and treaties — and specifies procedures for their adoption. Yet it says...
Vol. 132 No. 1 On May 24, 1844, a crowd gathered inside the United States Supreme Court chambers in the basement of the Capitol, eagerly awaiting a demonstration...