Category Archives: legislation and legislatures

“The Obligation of Members of Congress to Consider Constitutionality While Deliberating and Voting: The Deficiencies of House Rule XII and a Proposed Rule for the United States Senate”

Former Senator Russ Feingold has posted this draft on SSRN.  Here is the abstract: Most scholarly attention on constitutional interpretation is focused on the judicial branch and the role of the judiciary in our system of separation of powers. Nonetheless… Continue reading

The Chances of a Deal to Fix the VRA After Shelby County? Observations about the Senate Judiciary Committee Hearing

I had a chance to watch a good part of the Senate Judiciary Committee hearing today. It makes me more pessimistic about the chances of a deal to improve the Voting Rights Act after the Supreme Court effectively gutted section… Continue reading