Gridlock, Legislative Supremacy, and the Problem of Arbitrary Inaction
16 Pages Posted: 20 Jul 2013
Date Written: November 10, 2012
Abstract
Congressional gridlock threatens the fundamental constitutional doctrines of separation of powers and legislative supremacy. Moreover, as many scholars have noted, the Framers were concerned with preventing arbitrary governmental action. Gridlock not only makes the arbitrary exercise of governmental power more likely, but also implicates a new concern: the problem of arbitrary inaction.
Keywords: Congress, separation of powers, legislation, constitutional law
Suggested Citation: Suggested Citation
Teter, Michael, Gridlock, Legislative Supremacy, and the Problem of Arbitrary Inaction (November 10, 2012). Notre Dame Law Review, Vol. 88, No. 5, 2013, Available at SSRN: https://ssrn.com/abstract=2296150
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