Saikrishna Prakash

University of Virginia School of Law

580 Massie Road

Charlottesville, VA 22903

United States

SCHOLARLY PAPERS

65

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CITATIONS
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50

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 2,455 (5,008)
Citation 2

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 625 (41,020)

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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 578 (45,506)
Citation 1

Abstract:

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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 471 (58,977)
Citation 2

Abstract:

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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 449 (62,523)
Citation 3

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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 439 (64,253)
Citation 8

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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 426 (66,636)

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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 285 (105,277)

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constitutional law, balance of power, nondelegation, legislative power

9.

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 283 (106,076)
Citation 1

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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 237 (127,446)

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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 223 (135,304)

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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 218 (138,288)

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gerrymandering, districting, vote dilution

13.
Downloads 197 (152,113)

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 159 (184,240)

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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 38 (436,591)

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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 Chief Prosecutor

George Washinton Law Review, Forthcoming
Number of pages: 88 Posted: 24 May 2005
Saikrishna Prakash
University of Virginia School of Law
Downloads 184 (161,918)

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Constitutional Law, Prosecutors, Originalism, Article II

15.

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 180 (165,171)

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

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 178 (166,814)

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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.

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 171 (172,842)

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

18.

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 148 (195,373)

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

19.

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 142 (201,989)
Citation 13

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

20.

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 136 (209,085)
Citation 1

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delegation, necessary and proper, congress

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 122 (227,461)

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

22.

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 116 (236,229)

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23.

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 110 (245,267)

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Attourneys General, duty to defend, same sex marriage

24.

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 110 (245,267)

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

25.

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 104 (255,122)

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

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 100 (261,980)

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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 93 (274,679)

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

28.

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 92 (276,531)

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29.

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 90 (280,390)

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30.

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 86 (288,571)
Citation 1

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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

31.

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 85 (290,671)

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

32.

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 82 (297,088)

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

33.

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 (327,891)

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34.

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 68 (330,525)

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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

35.

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 64 (341,208)

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Executive Privilege, Separation of Powers

36.

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 60 (352,406)

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

37.

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 (370,771)

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

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 39 (423,166)

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

39.

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 35 (439,540)

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

40.

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 34 (443,693)
Citation 2

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Presidential Powers, Separation of Powers, Executive Powers

41.

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 29 (466,519)
Citation 1

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Judicial Review, Separation of Powers

42.

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 (471,410)

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

43.

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 28 (471,410)

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

44.

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 26 (481,774)

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

45.

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 24 (492,705)
Citation 1

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Unwritten Constitution, Supreme Court doctrine, Separation of Powers

46.

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 (492,705)

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Treaty Power, Treaty Power limits, Constraints on Federal Power

47.

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 23 (498,233)

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Separation of Powers, Commander In Chief Regulation

48.

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 (503,939)
Citation 1

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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 22 (503,939)

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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 20 (515,335)

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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 19 (521,212)

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Originalism, Separation of Powers

52.

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 19 (521,212)

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Written Constitution

53.

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 18 (527,027)
Citation 1

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Constitution, Constitutional Construction

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 18 (527,027)
Citation 1

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55.

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 17 (532,825)
Citation 1

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Democracy, Separation of Powers, Bicameralism, Presidential Veto

56.

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 14 (550,350)

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

57.

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 14 (550,350)

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58.

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 13 (556,281)
Citation 4

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Commerce Clause, Separation of Powers, Intrasentence Uniformity

59.

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 12 (562,373)
Citation 3

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

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 (574,693)

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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 (574,693)
Citation 9

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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 (587,106)

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Separation of Powers, Inter-branch Norms

63.

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 8 (587,106)

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

64.

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 7 (593,432)
Citation 1

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

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 6 (599,901)

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Fourteenth Amendment