Critics of the modern administrative state characterize the federal bureaucracy as an
imperious and unaccountable behemoth that threatens core principles of democratic …

Chevron, and others have urged that it be curtailed. If Chevron were merely modified rather
than overturned, it is unclear what that modified Chevron would look like. This Article argues …

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 …

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 …

Third-party standing is relevant to a wide range of constitutional and statutory cases. The
Supreme Court has said that, to assert such standing, a litigant must ordinarily have a close …

The Constitution leaves the creation of the institutions of government to ordinary political
processes. While intricate constitutionalized procedures govern the election of Congress …

A central debate about the Constitution focuses on how determinate is the meaning of the
document. Of course, some provisions have an obvious meaning. Everyone agrees that the …

In recent years, Congress has repeatedly failed to appropriate funds necessary to honor
legal commitments (or entitlements) that are themselves enacted in permanent law. The …

The President claims exclusive control over diplomacy within our constitutional system.
Relying on this claim, executive branch lawyers repeatedly reject congressional mandates …

Not all presidential power to address national security threats stems from the Constitution.
Some presidential national security powers stem from statute, creating complicated …