Saikrishna Prakash

University of Virginia School of Law

580 Massie Road

Charlottesville, VA 22903

United States

  • University of Virginia School of Law

SCHOLARLY PAPERS

79

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20

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18

Scholarly Papers (79)

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1.

The Origins of Judicial Review

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 2,808 (7,926)
Citation 2

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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

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 719 (60,245)
Citation 3

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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 674 (65,575)

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

4.

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 515 (91,797)
Citation 4

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

5.

The Essential Meaning of Executive Power

Number of pages: 134 Posted: 06 Jun 2000
Saikrishna Prakash
University of Virginia School of Law
Downloads 515 (91,797)
Citation 2

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6.

Mother May I? Imposing Mandatory Prospective Rules of Statutory Interpretation

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 511 (92,678)
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 479 (100,298)

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constitution, interpretation, minimalism, originalism

8.

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 340 (148,301)

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constitutional law, balance of power, nondelegation, legislative power

9.

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 318 (159,255)

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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

10.

The Puzzling Persistence of Process-Based Federalism Theories

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 306 (165,795)
Citation 2

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11.

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 271 (187,935)

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

12.

Removal and Tenure in Office

Downloads 265 (192,304)

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 204 (246,501)

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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 61 (590,343)

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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

13.

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 258 (197,481)

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

14.

Why, or Why Not, Be an Originalist?

69 Cath. U. L. Rev. 683-721 (2020), NYU School of Law, Public Law Research Paper No. 22-18
Number of pages: 43 Posted: 06 Apr 2022 Last Revised: 07 Jun 2022
Saikrishna Prakash, Michael C. Dorf, Richard H. Pildes and Amy Coney Barrett
University of Virginia School of Law, Cornell Law School, New York University School of Law and Notre Dame Law School
Downloads 250 (203,764)

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constitutional law, originalism, originalist, positivism, sovereignty, statutory interpretation, legislative history

15.

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 247 (206,108)

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gerrymandering, districting, vote dilution

16.

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 246 (206,940)
Citation 7

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

17.

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 245 (207,745)

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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

18.

The Chief Prosecutor

Number of pages: 88 Posted: 24 May 2005
Saikrishna Prakash
University of Virginia School of Law
Downloads 243 (209,409)

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Constitutional Law, Prosecutors, Originalism, Article II

19.

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 238 (213,644)

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20.

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 234 (217,244)

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

21.

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 223 (227,536)

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

22.

Prosecuting and Punishing Our Presidents

100 Tex. L. Rev. 56 (2021)
Number of pages: 59 Posted: 06 Apr 2022
Saikrishna Prakash
University of Virginia School of Law
Downloads 219 (231,479)

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constitutional law, presidency, indict, prosecute, immunity, immunities, president, executive, privilege, executive privilege

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 210 (240,567)

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24.

Foreign Affairs and the Jeffersonian Executive: A Defense

89 Minn. L. Rev. 1591 (2005), U San Diego Legal Studies Research Paper No. 06-05
Number of pages: 65 Posted: 24 Feb 2005 Last Revised: 04 May 2021
Saikrishna Prakash and Michael D. Ramsey
University of Virginia School of Law and University of San Diego School of Law
Downloads 189 (264,780)

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

25.

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 170 (290,489)
Citation 2

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delegation, necessary and proper, congress

26.

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 162 (302,493)

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Attourneys General, duty to defend, same sex marriage

27.

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 158 (308,926)

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

28.

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 130 (360,974)

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

29.

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 130 (360,974)

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Executive Privilege, Separation of Powers

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 120 (383,168)

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

31.

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 118 (387,841)

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32.

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 117 (390,191)

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

33.

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 117 (390,191)

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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

34.

How to Legitimate the Prosecution of Politicians

Downloads 109 (413,388)

How to Legitimate the Prosecution of Politicians

Virginia Public Law and Legal Theory Research Paper No. 2023-59
Number of pages: 47 Posted: 21 Aug 2023
Ian Ayres and Saikrishna Prakash
Yale University - Yale Law School and University of Virginia School of Law
Downloads 89 (474,614)

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How to Legitimate the Prosecution of Politicians

Number of pages: 46 Posted: 28 Aug 2023
Ian Ayres and Saikrishna Prakash
Yale University - Yale Law School and University of Virginia School of Law
Downloads 20 (889,105)

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35.

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 102 (430,496)
Citation 3

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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

36.

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 101 (433,476)

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

37.

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 101 (433,476)

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

38.

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 96 (448,327)

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

39.

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 92 (460,884)

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Commerce Clause, Separation of Powers, Intrasentence Uniformity

40.

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 86 (480,516)

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Federalism, Separation of Powers

41.

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 82 (494,504)

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

42.

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 80 (501,814)
Citation 1

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

43.

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 80 (501,814)

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44.

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 77 (513,097)

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Judicial Review, Separation of Powers

45.

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 73 (528,781)

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

46.

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 63 (571,744)

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Abraham Lincoln, Habeas Corpus, Great Writ, Suspension

47.

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 57 (600,229)
Citation 1

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48.

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 57 (600,229)

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49.

'Not a Single Privilege Is Annexed to His Character': Necessary and Proper Executive Privileges and Immunities

2020 Sup. Ct. Rev. 229 (2021)
Number of pages: 47 Posted: 06 Apr 2022
Saikrishna Prakash
University of Virginia School of Law
Downloads 55 (610,340)

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constitutional law, presidential powers, privileges, immunities, executive, nixon, executive privilege, trump

50.

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 51 (631,602)
Citation 1

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Unwritten Constitution, Supreme Court doctrine, Separation of Powers

51.

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 50 (636,972)
Citation 1

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Presidential Powers, Separation of Powers, Executive Powers

52.

Against Constitution by Convention

108 Calif. L. Rev. 1975 (2020)
Number of pages: 20 Posted: 06 Apr 2022
Saikrishna Prakash
University of Virginia School of Law
Downloads 47 (659,819)

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constitutional law, originalism, originalist, conventionalist, presidency, constitutional rights, convention, founding

53.

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 45 (665,676)

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

54.

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 43 (677,757)
Citation 1

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Constitution, Constitutional Construction

55.

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 41 (690,287)

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

56.

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 39 (703,294)

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Judicial Review, Founders, Federalism, Separation of Powers

57.

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 38 (710,056)

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

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 38 (710,056)

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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 38 (710,056)

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60.

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 37 (716,762)

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Originalism, Separation of Powers

61.

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 36 (723,719)

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

62.

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 36 (723,719)

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Treaty Power, Treaty Power limits, Constraints on Federal Power

63.

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 36 (723,719)
Citation 1

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Democracy, Separation of Powers, Bicameralism, Presidential Veto

64.

Text Over Intent and the Demise of Legislative History

43 Dayton L. Rev. 1 (2018)
Number of pages: 26 Posted: 05 Apr 2022
Thomas W. Merrill, Michael S. Paulsen, Saikrishna Prakash and Lawrence B. Solum
Columbia University - Law School, The University of St. Thomas (Minnesota), University of Virginia School of Law and University of Virginia School of Law
Downloads 35 (730,692)

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constitutional law, textualism, originalism, public meaning, statutory interpretation, federalist society, legislative history, supreme court, scalia, jurisprudence

65.

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 35 (730,692)

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Separation of Powers, Commander In Chief Regulation

66.

The Age of the Winning Executive: The Case of Donald J. Trump

134 Harv. L. Rev. F. 141 (2020)
Number of pages: 26 Posted: 06 Apr 2022
Saikrishna Prakash
University of Virginia School of Law
Downloads 34 (737,691)

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constitutional law, executive power, presidential power, trump, article II, presidency, mueller, comey

67.

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 32 (752,421)

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Written Constitution

68.

Zivotofsky and the Separation of Powers

2015 Sup. Ct. Rev. 1
Number of pages: 40 Posted: 06 Apr 2022
Saikrishna Prakash
University of Virginia School of Law
Downloads 31 (760,013)

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constitutional law, supreme court, president, executive, congress, foreign affairs, foreign relations, passports, article II, international law

69.

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 26 (799,179)
Citation 6

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

70.

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 21 (842,157)

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Separation of Powers, Inter-branch Norms

71.

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 18 (869,830)

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Fourteenth Amendment

72.

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 16 (888,683)

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

73.

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 15 (898,312)

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

74.

The Past, Present, and Future of Presidential Power

14 U. St. Thomas L.J. 627 (2018)
Number of pages: 24 Posted: 05 Apr 2022
Saikrishna Prakash
University of Virginia School of Law
Downloads 14 (908,045)

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constitutional law, presidential power, imperial from the beginning, original presidency, executive, executive power

75.

A Fool for the Original Constitution

130 Harv. L. Rev. F. 24 (2016)
Number of pages: 14 Posted: 05 Apr 2022
Saikrishna Prakash
University of Virginia School of Law
Downloads 12 (927,697)

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constitutional law, scalia, justice scalia, constitution, originalism, standards, rules, supreme court

76.

Faithless Execution

133 Harv. L. Rev. F. 94 (2020)
Number of pages: 9 Posted: 05 Apr 2022
Saikrishna Prakash
University of Virginia School of Law
Downloads 11 (937,397)

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constitutional law, executive, faithful execution, article II, take care, presidential oath, presidential powers

77.

Speaking with a Different Voice: Why the Military Trial of Civilians and the Enemy is Constitutional

107 Calif. L. Rev. 1021 (2019)
Number of pages: 22 Posted: 05 Apr 2022
Saikrishna Prakash
University of Virginia School of Law
Downloads 9 (956,356)

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constitutional law, habeas corpus, war, military commissions, courts-martial, congress, war powers, revolutionary war, military trials

78.

Congress as Elephant

104 Va. L. Rev. 797 (2018)
Number of pages: 46 Posted: 05 Apr 2022
Saikrishna Prakash
University of Virginia School of Law
Downloads 8 (965,523)

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constitutional law, congress, textualism, continental congress, war, treaties, legislature, originalism, executive, presidential powers

79.

Congress and the Reconstruction of Foreign Affairs Federalism

115 Mich. L. Rev. 47 (2016)
Number of pages: 62 Posted: 05 Apr 2022
Ryan Baasch and Saikrishna Prakash
Independent and University of Virginia School of Law
Downloads 8 (974,375)

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constitutional law, foreign affairs, preemption, federalism, foreign affairs federalism, state department