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Is the Constitution Special?
(Cornell Law Review, 2016)
"[W]e must never forget, that it is a constitution we are expounding.” If there was such a danger when Chief Justice John Marshall wrote those words, there is none today. Americans regularly assume that the Constitution ...
The Inference from Authority to Interpretive Method in Constitutional and Statutory Domains
(Cornell Law Review, 2017)
Should courts interpret the Constitution as they interpret statutes? This question has been answered in a wide variety of ways. On the one hand, many scholars and jurists understand constitutional and statutory interpretation ...
The Enacted Purposes Canon
(Iowa Law Review, 2019)
This Article argues that the principle relied upon in King v. Burwell that courts "cannot interpret statutes to negate their stated purposes"-the enacted purposes canon-is and should be viewed as a bedrock element of ...