Abstract

http://ssrn.com/abstract=1331461
 
 

Citations (1)



 
 

Footnotes (184)



 


 



Textualism and the Executive Branch


Glen Staszewski


Michigan State University College of Law

January 22, 2009

Michigan State Law Review, Vol. 2009, pp.143-183, 2009
MSU Legal Studies Research Paper No. 06-21

Abstract:     
This contribution to a Symposium on Administrative Statutory Interpretation examines the applicability of textualism to the executive branch. It claims that contrary to the conventional wisdom, the primary theoretical arguments for the new textualism apply with full force to statutory interpretation by administrative agencies and most other executive officials. It also points out, however, that proponents of the new textualism have endorsed a variety of legal doctrines that increase executive power in ways that are incompatible with textualist theory. The Article claims that recent efforts by prominent textualists to explain the apparent tension between their theories of executive and judicial power are either beside the point or unpersuasive. It therefore concludes that their broader legal theory, which simultaneously embraces the new textualism and unbridled executive discretion, is fundamentally incoherent.

Number of Pages in PDF File: 42

Keywords: textualism, statutory interpretation, executive branch, administrative law, separation of powers

Accepted Paper Series





Download This Paper

Date posted: December 8, 2009  

Suggested Citation

Staszewski, Glen, Textualism and the Executive Branch (January 22, 2009). Michigan State Law Review, Vol. 2009, pp.143-183, 2009; MSU Legal Studies Research Paper No. 06-21. Available at SSRN: http://ssrn.com/abstract=1331461

Contact Information

Glen Staszewski (Contact Author)
Michigan State University College of Law ( email )
420 Law College Building
East Lansing, MI 48824-1300
United States
517-432-6888 (Phone)
517-432-6879 (Fax)
Feedback to SSRN


Paper statistics
Abstract Views: 470
Downloads: 111
Download Rank: 148,465
Citations:  1
Footnotes:  184

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo5 in 0.281 seconds