Saikrishna Prakash

University of Virginia School of Law

580 Massie Road

Charlottesville, VA 22903

United States

SCHOLARLY PAPERS

65

DOWNLOADS
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9,603

CITATIONS
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Top 6,670

in Total Papers Citations

73

Scholarly Papers (65)

1.

The Origins of Judicial Review

University of Chicago Law Review, Vol. 69, Summer 2003
Number of pages: 90 Posted: 11 Aug 2003
John Yoo and Saikrishna Prakash
University of California at Berkeley School of Law and University of Virginia School of Law
Downloads 2,366 (4,930)
Citation 1

Abstract:

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constitutional law, judicial review, separation of powers, federal courts, legal history

2.

Is that English You're Speaking? Some Arguments for the Primacy of Intent in Interpretation

San Diego Law Review, 2004
Number of pages: 33 Posted: 25 Sep 2003
Larry Alexander and Saikrishna Prakash
University of San Diego School of Law and University of Virginia School of Law
Downloads 613 (39,343)

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textualism, conceptualism, actual meaning, intended meaning, legal texts

3.

How to Remove a Federal Judge

Yale Law Journal, Vol. 116, 2006, San Diego Legal Studies Paper No. 07-41
Number of pages: 66 Posted: 08 Apr 2006 Last Revised: 21 Oct 2016
Saikrishna Prakash and Steven Douglas Smith
University of Virginia School of Law and University of San Diego School of Law
Downloads 561 (44,211)
Citation 5

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good behavior, impeachment, Act of Settlement, judges, Congress

4.

Mother May I? Imposing Mandatory Prospective Rules of Statutory Interpretation

U San Diego Public Law Research Paper No. 42
Number of pages: 14 Posted: 27 Oct 2002
Larry Alexander and Saikrishna Prakash
University of San Diego School of Law and University of Virginia School of Law
Downloads 469 (55,476)
Citation 1

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5.

Unleashing the Dogs of War: What the Constitution Means by 'Declare War'

Cornell Law Review, Vol. 93, October 2007, San Diego Legal Studies Paper No. 07-94
Number of pages: 62 Posted: 30 Mar 2007
Saikrishna Prakash
University of Virginia School of Law
Downloads 437 (60,476)
Citation 1

Abstract:

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declare war, declaration of war, Congress, President, offensive, defensive

6.

The Essential Meaning of Executive Power

USD School of Law, Public Law Working Paper No. 04
Number of pages: 134 Posted: 06 Jun 2000
Saikrishna Prakash
University of Virginia School of Law
Downloads 423 (62,937)
Citation 2

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7.

Radicals in Tweed Jackets: Why Extreme Left-Wing Law Professors are Wrong for America

Columbia Law Review, December 2006, San Diego Legal Studies Paper No. 07-52
Number of pages: 25 Posted: 02 Aug 2006
Saikrishna Prakash
University of Virginia School of Law
Downloads 417 (64,011)
Citation 1

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constitution, interpretation, minimalism, originalism

8.

The Puzzling Persistence of Process-Based Federalism Theories

Texas Law Review, June 2001
Number of pages: 74 Posted: 03 May 2001
Saikrishna Prakash and John Yoo
University of Virginia School of Law and University of California at Berkeley School of Law
Downloads 282 (100,139)
Citation 2

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9.

Reports of the Nondelegation Doctrine's Death are Greatly Exaggerated

University of Chicago Law Review, Vol. 70, No. 1297, 2003
Number of pages: 33 Posted: 25 Sep 2003 Last Revised: 23 Oct 2016
Larry Alexander and Saikrishna Prakash
University of San Diego School of Law and University of Virginia School of Law
Downloads 278 (101,660)

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constitutional law, balance of power, nondelegation, legislative power

10.

The Goldilocks Executive

Texas Law Review, Vol. 90, No. 973, 2012, Virginia Public Law and Legal Theory Research Paper No. 2012-18
Number of pages: 38 Posted: 20 Feb 2012 Last Revised: 23 Oct 2016
Saikrishna Prakash and Michael D. Ramsey
University of Virginia School of Law and University of San Diego School of Law
Downloads 230 (123,563)

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Executive Power, Madison, Checks and Balances, Plebiscitary Presidency, Delegation, War on Terror, Separation of Powers,

11.

The Indefensible Duty to Defend

Columbia Law Review, Vol. 112, No. 507, 2012, Virginia Public Law and Legal Theory Research Paper No. 2012-17
Number of pages: 67 Posted: 20 Feb 2012 Last Revised: 23 Oct 2016
Saikrishna Prakash and Neal Devins
University of Virginia School of Law and William & Mary Law School
Downloads 218 (130,231)

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Duty to defend, Duty to execute, DOMA, Obama, Holder, Office of Legal Counsel, Department of Justice, Office of the Solicitor General, Bureaucratic Theory, DOJ independence

12.

Tempest in an Empty Teapot: Why the Constitution Does Not Regulate Gerrymandering

San Diego Legal Studies Paper No. 08-031, William & Mary Law Review, Forthcoming
Number of pages: 42 Posted: 26 Jun 2008
Larry Alexander and Saikrishna Prakash
University of San Diego School of Law and University of Virginia School of Law
Downloads 208 (136,098)

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gerrymandering, districting, vote dilution

13.
Downloads 194 (145,367)
Citation 2

Removal and Tenure in Office

Virginia Law Review, Vol. 92, p. 1779, 2006, San Diego Legal Studies Paper No. 07-36
Number of pages: 54 Posted: 09 Mar 2006
Saikrishna Prakash
University of Virginia School of Law
Downloads 157 (175,663)
Citation 2

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removal, tenure, officers, impeachment, president, congress

Removal and Tenure in Office

Virginia Law Review, Vol. 92, pp. 1779-1852, 2006, Virginia Public Law and Legal Theory Research Paper
Number of pages: 74 Posted: 22 Feb 2010
Saikrishna Prakash
University of Virginia School of Law
Downloads 37 (417,409)
Citation 2

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Removal, Remove, Tenure, Tenure in Office, President, Executive Power, Office, Officer, Judicial Power, Necessary and Proper Clause, Madison, Hamilton, Decision of 1789, Tenure During Good Behavior, Commissions, Tenure During Pleasure

14.

The Misunderstood Relationship between Originalism and Popular Sovereignty

Virginia Public Law and Legal Theory Research Paper
Number of pages: 5 Posted: 22 Feb 2010
Saikrishna Prakash
University of Virginia School of Law
Downloads 173 (161,258)

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Interpretation, Originalism, Originalist, Popular Sovereignty, Bork, Constitution, Meaning

15.

The Chief Prosecutor

George Washinton Law Review, Forthcoming
Number of pages: 88 Posted: 24 May 2005
Saikrishna Prakash
University of Virginia School of Law
Downloads 172 (162,060)
Citation 3

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Constitutional Law, Prosecutors, Originalism, Article II

16.

The Separation and Overlap of War and Military Powers

Texas Law Review, Vol. 87, 2008
Number of pages: 88 Posted: 22 Jan 2010
Saikrishna Prakash
University of Virginia School of Law
Downloads 161 (171,623)
Citation 1

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Commander in Chief, Capture Power, Government and Regulation, Declare War, Executive Power, Armed Forces, Torture, Prisoners, Uses of Force, Make War

17.

Foreign Affairs and the Jeffersonian Executive: A Defense

Minnesota Law Review, 2005
Number of pages: 65 Posted: 24 Feb 2005
Saikrishna Prakash and Michael D. Ramsey
University of Virginia School of Law and University of San Diego School of Law
Downloads 143 (189,469)

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foreign affairs powers, Constitituion, Article II Section I, executive power, residual theory

18.

Of Synchronicity and Supreme Law

Virginia Public Law and Legal Theory Research Paper No. 2018-04
Number of pages: 62 Posted: 25 Jan 2018 Last Revised: 27 Jan 2018
Saikrishna Prakash
University of Virginia School of Law
Downloads 133 (200,729)

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constitutional law, amendments, treaties, statutes, legislation, veto, ratification, proposals, conventions, ratification, synchronicity, supreme law

19.

Delegation Really Running Riot

San Diego Legal Studies Paper No. 07-54
Number of pages: 33 Posted: 02 Aug 2006
Larry Alexander and Saikrishna Prakash
University of San Diego School of Law and University of Virginia School of Law
Downloads 131 (203,220)
Citation 1

Abstract:

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delegation, necessary and proper, congress

20.

The President's Power to Execute the Laws

Yale Law Journal, Vol. 104, No. 541, 1994
Number of pages: 126 Posted: 24 Oct 2016
Steven G. Calabresi and Saikrishna Prakash
Northwestern University - Pritzker School of Law and University of Virginia School of Law
Downloads 115 (224,380)
Citation 11

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Executive Branch, Originalist, Textualist, Legislative History, Separation of Powers

21.

Imperial and Imperiled: The Curious State of The Executive

William & Mary Law Review, Vol. 50, 2008
Number of pages: 42 Posted: 22 Jan 2010
Saikrishna Prakash
University of Virginia School of Law
Downloads 114 (225,856)

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Presidential Power, Constitution, Take Care Clause, Executive Power, Imperial Executive, Administrative Agencies

22.

The Executive’s Duty to Disregard Unconstitutional Laws

Georgetown Law Journal, Vol. 96, No. 1613, 2008, Virginia Public Law and Legal Theory Research Paper
Number of pages: 71 Posted: 23 Feb 2010
Saikrishna Prakash
University of Virginia School of Law
Downloads 108 (234,771)

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Faithful Execution, Take Care Clause, Disregard, Unconstitutional, Suspensions, Dispensation, "Preserve, Protect, and Defend," President, Congress, Constitution, Jefferson

23.

People ≠ Legislature

Harvard Journal of Law and Public Policy, Vol. 39, No. 2, 2016, Virginia Public Law and Legal Theory Research Paper No. 2016-32, UC Berkeley Public Law Research Paper No. 2770182
Number of pages: 31 Posted: 27 Apr 2016 Last Revised: 24 May 2016
Saikrishna Prakash and John Yoo
University of Virginia School of Law and University of California at Berkeley School of Law
Downloads 106 (237,843)

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24.

The Constitutional Status of Customary International Law

Virginia Public Law and Legal Theory Research Paper
Number of pages: 5 Posted: 23 Feb 2010
Saikrishna Prakash
University of Virginia School of Law
Downloads 103 (242,601)

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Customary International Law, Supremacy Clause, Take Care Clause, Law of Nations

25.

Fifty States, Fifty Attorneys General, and Fifty Approaches to the Duty to Defend

Yale Law Journal, Vol. 124, 2015
Number of pages: 89 Posted: 08 Oct 2015
Neal Devins and Saikrishna Prakash
William & Mary Law School and University of Virginia School of Law
Downloads 101 (245,937)

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Attourneys General, duty to defend, same sex marriage

26.

Military Force and Violence, but Neither War nor Hostilities

Drake Law Review, Vol. 64, (Forthcoming), Virginia Public Law and Legal Theory Research Paper No. 2016-62
Number of pages: 33 Posted: 03 Nov 2016 Last Revised: 15 Nov 2016
Saikrishna Prakash
University of Virginia School of Law
Downloads 93 (259,676)

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Separation of Powers, President Obama, ISIS, Authorized Use of Military Force, Libya

27.

Why the President Must Veto Unconstitutional Bills

William & Mary Bill of Rights, Vol. 16, 2007
Number of pages: 13 Posted: 21 Jan 2010
Saikrishna Prakash
University of Virginia School of Law
Downloads 92 (261,537)

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Preserve, Protect, and Defend, Oath, Veto, Duty, Take Care Clause

28.

A Taxonomy of Presidential Powers

Boston University Law Review, Vol. 88, 2008
Number of pages: 14 Posted: 22 Jan 2010
Saikrishna Prakash
University of Virginia School of Law
Downloads 87 (270,900)
Citation 2

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29.

Fragmented Features of the Constitution’s Unitary Executive

Willamette Law Review, Vol. 45, pp. 101-123, 2009, Virginia Public Law and Legal Theory Research Paper
Number of pages: 23 Posted: 22 Feb 2010
Saikrishna Prakash
University of Virginia School of Law
Downloads 84 (276,785)

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Offices, Officers, President, Congress, Unitary Executive, Regulatory Review, White House Staff, Presidential Power, Executive Power, Appointments, Appropriations, Removal, 12866, Bush, Clinton, Regulatory Policy Officers

30.

Why the Incompatibility Clause Applies to the Office of the President

Duke Journal of Constitutional Law & Public Policy, Vol. 4, pp. 35-43, 2009, Virginia Public Law and Legal Theory Research Paper
Number of pages: 9 Posted: 23 Feb 2010
Saikrishna Prakash
University of Virginia School of Law
Downloads 83 (278,776)

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Incompatibility, Office, Officer, "Under the United States," Tillman, Washington, Bastille, Office of Trust or Profit, Senate, House, Congress, President

31.

When an Appointment Vests

Virginia Public Law and Legal Theory Research Paper No. 2012-16
Number of pages: 50 Posted: 20 Feb 2012 Last Revised: 21 Feb 2012
Saikrishna Prakash
University of Virginia School of Law
Downloads 80 (285,014)

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Appointment, Commission, Marbury, Senate, Marshall, Jefferson, Adams, Vests, Office

32.

Reverse Advisory Opinions

University of Chicago Law Review, Vol. 80, No. 859, 2012
Number of pages: 36 Posted: 09 Dec 2012 Last Revised: 23 Oct 2016
Neal Devins and Saikrishna Prakash
William & Mary Law School and University of Virginia School of Law
Downloads 69 (310,147)

Abstract:

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33.

New Light on the Decision of 1789

Cornell Law Review, Vol. 91, pp. 1021-1076, 2006, Virginia Public Law and Legal Theory Research Paper
Number of pages: 58 Posted: 22 Feb 2010
Saikrishna Prakash
University of Virginia School of Law
Downloads 66 (317,543)
Citation 4

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Tenure, Executive Power, Secretaries, Removal, Remove, Hamilton, Congress, Decision of 1789, Take Care Clause, Department of Foreign Affairs, Impeachment, Congressional Grant, Congressional Interpretation

34.

The Executive Power Over Foreign Affairs

Yale Law Journal, Vol. 111, No. 231, 2001
Number of pages: 126 Posted: 16 Oct 2001 Last Revised: 24 Oct 2016
Saikrishna Prakash and Michael D. Ramsey
University of Virginia School of Law and University of San Diego School of Law
Downloads 58 (338,936)
Citation 6

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35.

Exhuming the Seemingly Moribund Declaration of War

George Washington Law Review, Vol. 77, No. 1, pp. 89-140, 2008
Number of pages: 52 Posted: 21 Jan 2010
Saikrishna Prakash
University of Virginia School of Law
Downloads 57 (341,777)

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Declaration of War, declaring war, treaty termination, rights of enemy nationals, order to use force, authorization to use force

36.

Reply: (Mis)Understanding Good-Behavior Tenure

Yale Law Journal, Vol. 116, No. 159, 2006
Number of pages: 11 Posted: 23 Feb 2010
Saikrishna Prakash and Steven Douglas Smith
University of Virginia School of Law and University of San Diego School of Law
Downloads 54 (350,795)

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good behavior, judicial independence, impeachment, holism, Redish, tenure

37.

A Critical Comment on the Constitutionality of Executive Privilege

Minnesota Law Review, Vol. 83, p. 1143, 1999
Number of pages: 48 Posted: 24 Oct 2016
Saikrishna Prakash
University of Virginia School of Law
Downloads 48 (369,553)
Citation 5

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Executive Privilege, Separation of Powers

38.

Hail to the Chief Administrator

Yale Law Journal, Vol. 102, p. 991, 1993
Number of pages: 28 Posted: 24 Oct 2016
Saikrishna Prakash
University of Virginia School of Law
Downloads 33 (424,514)
Citation 3

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Separation of Powers, Chief Administrator Theory, Federalist Papers, Presidential Authority

39.

Regulating Presidential Powers

Cornell Law Review, Vol. 91, No. 1, p. 215, 2005
Number of pages: 45 Posted: 24 Oct 2016
Saikrishna Prakash
University of Virginia School of Law
Downloads 30 (437,408)
Citation 1

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Presidential Powers, Separation of Powers, Executive Powers

40.

The Imbecilic Executive

Virginia Law Review, Vol. 99, No. 1361, 2013
Number of pages: 74 Posted: 24 Oct 2016
Saikrishna Prakash
University of Virginia School of Law
Downloads 28 (446,723)

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Commander in Chief Clause, President’s role in emergencies, Separation of Powers

41.

How the Constitution Makes Subtraction Easy

Virginia Law Review, Vol. 92, 2006
Number of pages: 8 Posted: 24 Feb 2010
Saikrishna Prakash
University of Virginia School of Law
Downloads 28 (446,723)

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Removal, officers, tenure, tenure in office, Senate, Decision of 1789, Judicial Power, remove, office, Executive Power

42.

A Two Front War

Cornell Law Review, Vol. 93, No. 197, 2007
Number of pages: 24 Posted: 22 Jan 2010
Saikrishna Prakash
University of Virginia School of Law
Downloads 27 (451,601)

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Declaration of War, Declaring War, Use of Force, Declare War, Make War

43.

The Sweeping Domestic War Powers of Congress

Michigan Law Review, Vol. 113, No. 1337, 2015
Number of pages: 61 Posted: 24 Oct 2016
Saikrishna Prakash
University of Virginia School of Law
Downloads 25 (461,840)

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Congressional Authority, Sweeping Clause, Habeas Corpus. Separation of Powers, Domestic War Powers

44.

The Boundless Treaty Power Within a Bounded Constitution

Notre Dame Law Review, Vol. 90, No. 1499, 2015
Number of pages: 18 Posted: 24 Oct 2016
Saikrishna Prakash
University of Virginia School of Law
Downloads 24 (467,146)

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Treaty Power, Treaty Power limits, Constraints on Federal Power

45.

Regulating the Commander in Chief: Some Theories

Indiana Law Journal, Vol. 81, No. 1319, 2006
Number of pages: 7 Posted: 07 Nov 2016
Saikrishna Prakash
University of Virginia School of Law
Downloads 22 (477,841)

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Separation of Powers, Commander In Chief Regulation

46.

America's Aristocracy

Yale Law Journal, Vol. 109, p. 541, 1999
Number of pages: 46 Posted: 24 Oct 2016
Saikrishna Prakash
University of Virginia School of Law
Downloads 22 (477,841)

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47.

Questions for the Critics of Judicial Review

George Washington Law Review, Vol. 72, p. 354, 2003
Number of pages: 28 Posted: 24 Oct 2016
Saikrishna Prakash and John Yoo
University of Virginia School of Law and University of California at Berkeley School of Law
Downloads 20 (488,915)
Citation 1

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Judicial Review, Separation of Powers

48.

Guru Dakshina

University of Illinois Law Review, Vol. 2013, No. 1787, 2013
Number of pages: 10 Posted: 24 Oct 2016
Saikrishna Prakash
University of Virginia School of Law
Downloads 20 (488,915)

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Unwritten Constitution, Supreme Court doctrine, Separation of Powers

49.

The Great Suspender's Unconstitutional Suspension of the Great Writ

Albany Government Law Review, Vol. 3, No. 575, 2010
Number of pages: 39 Posted: 24 Oct 2016
Saikrishna Prakash
University of Virginia School of Law
Downloads 19 (494,404)

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Abraham Lincoln, Habeas Corpus, Great Writ, Suspension

50.

Field Office Federalism

Virginia Law Review, Vol. 79, p. 1957, 1993
Number of pages: 82 Posted: 24 Oct 2016
Saikrishna Prakash
University of Virginia School of Law
Downloads 17 (505,227)
Citation 6

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Federalism, Separation of Powers

51.

Unoriginalism's Law Without Meaning

Constitutional Commentary, Vol. 15, p. 529 (1998)
Number of pages: 18 Posted: 24 Oct 2016
Saikrishna Prakash
University of Virginia School of Law
Downloads 16 (510,652)

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Originalism, Separation of Powers

52.

The Constitution as Suicide Pact

Notre Dame Law Review, Vol. 79, p. 1299, 2004
Number of pages: 23 Posted: 24 Oct 2016 Last Revised: 30 Oct 2016
Saikrishna Prakash
University of Virginia School of Law
Downloads 15 (516,236)
Citation 2

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Constitution, Constitutional Construction

53.

More Democracy, Less Constitution

Drake Law Review, Vol. 55, No. 899, 2007
Number of pages: 17 Posted: 24 Oct 2016
Saikrishna Prakash
University of Virginia School of Law
Downloads 14 (521,809)

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Democracy, Separation of Powers, Bicameralism, Presidential Veto

54.

Our Dysfunctional Insider Trading Regime

Columbia Law Review, Vol. 99, Pp. 1491-1550, 1999
Number of pages: 60 Posted: 03 Feb 2000 Last Revised: 22 Oct 2016
Saikrishna Prakash
University of Virginia School of Law
Downloads 14 (521,809)
Citation 2

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55.

Overcoming the Constitution

Georgetown Law Journal, Vol. 91, p. 407, 2003
Number of pages: 32 Posted: 24 Oct 2016 Last Revised: 30 Oct 2016
Saikrishna Prakash
University of Virginia School of Law
Downloads 12 (533,062)

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Written Constitution

56.

Our Three Commerce Clauses and the Presumption of Intrasentence Uniformity

Arkansas Law Review, Vol. 55, p. 1149, 2003
Number of pages: 26 Posted: 24 Oct 2016 Last Revised: 30 Oct 2016
Saikrishna Prakash
University of Virginia School of Law
Downloads 12 (533,062)
Citation 2

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Commerce Clause, Separation of Powers, Intrasentence Uniformity

57.

The Appointment and Removal of William J. Marbury and When an Office Vests

Notre Dame Law Review, Vol. 89, No. 199, 2013
Number of pages: 55 Posted: 24 Oct 2016
Saikrishna Prakash
University of Virginia School of Law
Downloads 12 (533,062)

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William Marbury, Marbury v. Madison, Appointment Vesting, Presidential Appointments

58.

Against Interpretive Supremacy

Michigan Law Review, Vol. 103, p. 1539, 2005
Number of pages: 29 Posted: 24 Oct 2016
Saikrishna Prakash and John Yoo
University of Virginia School of Law and University of California at Berkeley School of Law
Downloads 11 (538,533)

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Popular Constitutionalism, Judicial Supremacy, Judicial Review, Separation of Powers

59.

Deviant Executive Lawmaking

George Washington Law Review, Vol. 67, No. 1, November 1998
Number of pages: 50 Posted: 17 May 1999 Last Revised: 22 Oct 2016
Saikrishna Prakash
University of Virginia School of Law
Downloads 11 (538,533)
Citation 3

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60.

Are the Judicial Safeguards of Federalism the Ultimate Form of Conservative Judicial Activism?

University of Colorado Law Review, Vol. 55, p. 1363, 2002
Number of pages: 20 Posted: 24 Oct 2016
Saikrishna Prakash
University of Virginia School of Law
Downloads 10 (543,990)
Citation 1

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Judicial Review, Founders, Federalism, Separation of Powers

61.

Against Tribal Fungibility

Cornell Law Review, Vol. 89, p. 1069, 2004
Number of pages: 53 Posted: 24 Oct 2016
Saikrishna Prakash
University of Virginia School of Law
Downloads 10 (543,990)
Citation 4

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Indian Tribes, Constitution, Separation of Powers, Territory Clause, Property Clause

62.

Branches Behaving Badly: The Predictable and Often Desirable Consequences of the Separation of Powers

Cornell Journal of Law and Public Policy, Vol. 12, p. 543, 2003
Number of pages: 13 Posted: 24 Oct 2016
Saikrishna Prakash
University of Virginia School of Law
Downloads 8 (554,811)

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Separation of Powers, Inter-branch Norms

63.

Missing Links in the President's Evolution on Same-Sex Marriage

Fordham Law Review, Vol. 81, No. 553, 2012
Number of pages: 24 Posted: 24 Oct 2016
Saikrishna Prakash
University of Virginia School of Law
Downloads 6 (565,436)

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Same-sex marriage, Defense of Marriage Act (DOMA)

64.

The Causes of Progressive Stagnation

Ohio State Law Journal, Vol. 72, No. 1277, 2011
Number of pages: 4 Posted: 24 Oct 2016
Saikrishna Prakash
University of Virginia School of Law
Downloads 6 (565,436)

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Progressive Opinion, Judicial Review, Judicial Constraint, Separation of Powers

65.

A Comment on Congressional Enforcement

Indiana Law Review, Vol. 32, p. 193, 1998
Number of pages: 19 Posted: 24 Oct 2016
Saikrishna Prakash
University of Virginia School of Law
Downloads 4 (576,550)

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Fourteenth Amendment