Topic
Congressional Power
Posts
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Online2025
Federal Enclaves: Critical Islands of Federal Jurisdiction Protecting the National Interest
The Framers of the new Constitution insisted upon a neutral situs for the federal government and the land it owns and operates that would…
Walter H. Boone, Jennifer J. Skipper, Demarcus McGee, Kye C. Handy & Balch & Bingham LLP -
ArticleVol. 102 · Iss. 1
The Original Meaning of the Sixteenth Amendment
The Sixteenth Amendment to the United States Constitution enshrines Congress’s “power to lay and collect taxes on incomes, from whatever source derived.” Challenges to…
John R. Brooks & David Gamage -
ArticleVol. 101 · Iss. 5
The Debt Limit
Every couple of years, it seems, the debt limit shows up to wreak havoc in American law and public finance. By capping the face…
Conor Clarke -
ArticleVol. 100 · Iss. 2
House Rules: Congress and the Attorney-Client Privilege
Abstract In 2020, the Supreme Court rendered a landmark decision in Trump v. Mazars establishing four factors for determining the validity of congressional subpoenas…
David Rapallo -
ArticleVol. 88 · Iss. 1
The Scope of Congress’s Thirteenth Amendment Enforcement Power After City of Boerne v. Flores
Section 2 of the Thirteenth Amendment grants Congress power to enforce this article by appropriate legislation. In Jones v. Alfred H. Mayer Co., the Supreme…
Jennifer Mason McAward -
CommentaryVol. 94 · Iss. 5
The Supreme Court Acknowledges Congress’ Authority to Confer Informational Standing in Spokeo, Inc. v. Robins
The Supreme Court’s 2016 decision in Spokeo, Inc. v. Robins does not fully resolve when an intangible injury such as a defendant’s misreporting of…
Bradford C. Mank -
ArticleVol. 95 · Iss. 5
Congress in the Administrative State
In an era of increased concern over presidential power, congressional oversight of the executive branch constitutes a substantial—but underappreciated—means of influencing agency decision-making. Scholars…
Brian D. Feinstein -
CommentaryVol. 95 · Iss. 3
Who has Standing to Sue the President Over Allegedly Unconstitutional Emoluments?
Two provisions of the U.S. Constitution that have received comparatively little public attention over the past 227 years are suddenly all over the news,…
Matthew Hall -
ArticleVol. 92 · Iss. 3
(Mis)Trusting States to Run Elections
Recent Supreme Court election law jurisprudence reflects an unspoken, pernicious trend. Without identifying a specific new rule, the Court has been unjustifiably deferring to…
Joshua A. Douglas -
ArticleVol. 91 · Iss. 4
The Conventional Option
The filibuster in the United States Senate effectively imposes a supermajority vote requirement to pass any legislation. Both supporters and critics of the filibuster…
Sergio J. Campos & Gregory Koger -
CommentaryVol. 90 · Iss. 5
Legislative Oversight of a Bill of Rights: A Way to Rectify Judicial Activism
The term ?judicial activism has become a common part of modern American political speech, though it remains ambiguous and can often mean many different…
Duane L. Ostler