Should the Supreme Court presume that Congress acts constitutionally? The role of the canon of avoidance and reliance on early legislative practice in constitutional interpretation

Article Abstract:

The Supreme Court has traditionally defered to constitutional interpretation by both contemporary and early Congresses. However, the influence of political concerns on Congress may make this deference untenable. Political considerations have motivated both contemporary and early Congresses to a greater extent than sound constitutional interpretive methods.

Product standards, safety, & recalls, Management dynamics, Other Justice, Public Order, and Safety Activities, Constitutional Procedures, Standards, Political aspects, United States. Congress, Judicial review

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The new constitutional order and the chastening of constitutional aspiration

Article Abstract:

The author discusses the new constitutional order that has developed since 1980 and the end of the New Deal/Great Society paradigm. He examines the Supreme Court's reduced role under the new order, and argues that the federal government's sovereignty has diminished with respect to transnational corporate power and supranational government institutions.

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Are tax "benefits" constitutionally equivalent to direct expenditures?

Article Abstract:

US Supreme Court jurisprudence concerning the equivalence of direct public expenditures and tax benefits is inconsistent and should be discarded for a case-by-case approach. The Court's attempts to apply generalized principles in this area has been forced and unsuccessful due to the variety of applications possible and their interaction.

Analysis, Laws, regulations and rules, Expenditures, Public, Public expenditures, Tax expenditures

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