Topic

Spending Clause

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  • ArticleVol. 103 · Iss. 6

    Foreword: The Constitution and Public Finance—Why Now and Why Ever?

    Each year, the Washington University Law Review publishes an issue featuring papers presented at our annual symposium. This year’s symposium, held at the Law…

  • ArticleVol. 103 · Iss. 6

    The Crisis of Appropriations Law

    Introduction Appropriations law is a unique body of federal law. Appropriations law imposes its own somewhat baroque set of statutory interpretation rules, approves of…

  • ArticleVol. 103 · Iss. 6

    The Missing Constitutional Law of Executive Conditions

    Abstract This Article contributes to the development of the constitutional law of executive conditions. The appropriations presidentialism of the second Trump Administration—the shift from…

  • ArticleVol. 103 · Iss. 6

    Public Functions and Private Resources

    Abstract At the federal level, the boundary between public and private functions is under pressure. On top of longstanding trends toward privatizing government functions…

  • ArticleVol. 103 · Iss. 6

    Against Doctrinal Siloing: Harmonizing Fiscal Federalism and the U.S. Constitution

    Introduction The founders have been credited with “splitting the atom of sovereignty” in creating our federal system. Yet this revolutionary achievement has fractured into…

  • NoteVol. 102 · Iss. 3

    Safe at Home: Reimagining Address Confidentiality

    On her fourth attempt to escape, a Michigan survivor hoped that her abuser would not find her this time. But, as in her previous…

  • 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…

  • ArticleVol. 101 · Iss. 4

    Second-Class Administrative Law: Lincoln v. Vigil’s Puzzling Presumption of Unreviewability

    Administrative law ordinarily presumes that someone hurt by “arbitrary and capricious” agency action may seek relief in federal court unless Congress says otherwise. Administrative…

  • ArticleVol. 92 · Iss. 4

    Disrupting Education Federalism

    The ongoing expansion of federal influence over education in the United States provides a particularly salient time to consider how education federalism should be…