Constiutional liqidation had three key elements First, there had to he a tetal indeterminacy
Clear priinsn could not be liquidated, because pratice could" expound" the Constituto but …

ABSTRACT Is the United States at risk of democratic backsliding? And would the
Constitution prevent such decay? To many, the 2016 election campaign and the conduct of …

In November 2014, President Obama announced his intention to dramatically reshape
immigration law through administrative channels. Together with relief policies announced in …

Appropriations lie at the core of the administrative state and are becoming increasingly
important as deep partisan divides have stymied substantive legislation. Both Congress and …

The Supreme Court's approach to the Constitution's separation of powers is a puzzle.
Although the Justices appear to agree on the doctrine's goals, in almost every important line …

The Supreme Court has the administrative state in its crosshairs. Supported by a chorus of
scholars,'Justices on the Court's conservative wing have argued that administrative …

This Article calls for the incorporation of antisubordination into separation-ofpowers analysis.
Scholars analyzing separation-of-powers tools-laws and norms that divide power among …

Although James Madison envisioned that the separation of powers would encourage"[a]
mbition... counteract [ing] ambition," the dominant accounts contend that Congress and the …

The US Constitution is old, relatively brief, and very difficult to amend. In its original form, the
Constitution was primarily a framework for a new national government, and for 230 years the …

Data exchanges can also go wrong, and courts are not prepared to navigate the ways that
data is both at risk of being commandeered and ripe for use as coercive leverage. I argue …