Conventions in the Trenches
19 Pages Posted: 10 Jul 2020
Date Written: June 17, 2020
Abstract
This short essay, responding to Professor Samuel Issacharoff and Dean Trevor Morrison's Jorde Lecture, “Constitution by Convention,” uses the recent litigation over the Trump Administration's efforts to add a citizenship question to the 2020 Census to highlight the significance of internal executive-branch conventions; it also explores both the procedural and substantive dimensions of lower-court inquiries into, and enforcement of, such conventions.
Keywords: constitution, constitutional conventions, administrative law, Administrative Procedure Act, APA, pretext
Suggested Citation: Suggested Citation
Shaw, Katherine, Conventions in the Trenches (June 17, 2020). California Law Review, Forthcoming, Available at SSRN: https://ssrn.com/abstract=3629753
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