Vol. 139 No. 8 Although the Federal Convention of 1787 considered proposing a Council of Revision as part of the new government it devised, it ultimately provided for...
Congress doesn’t do anything anymore. Despite Republican control of the House, the Senate, and the presidency, Congress seems to be fading into the background of the current political landscape. At the...
Vol. 139 No. 1 It’s been another bad year for nondelegation. Although Congress cannot delegate legislative power to other branches of government, it can give executive agencies discretion...
Vol. 138 No. 8 The Gardner presumption, also known as the pro-veteran canon, is a substantive canon of interpretation named after the Supreme Court case Brown v. Gardner. The canon instructs courts to construe ambiguous statutes concerning veterans’ benefits in favor of the veteran. While the canon today rarely acts as a tiebreaker, it has historically represented a strong congressional intent to care for veterans.
Vol. 138 No. 5 The United States operates the largest immigration detention system in the world. Immigrants and watchdog groups have reported poor conditions of confinement, including medical mistreatment and neglect, inadequate nutrition, unsanitary conditions, and overcrowding. To challenge these conditions of confinement...
Last week, the Supreme Court overruled the 40-year-old Chevron doctrine in Loper Bright Enterprises v. Raimondo, declaring that courts can no longer defer to...
