Saikrishna Prakash

University of Virginia School of Law

580 Massie Road

Charlottesville, VA 22903

United States

  • University of Virginia School of Law

SCHOLARLY PAPERS

81

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26

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18

Scholarly Papers (81)

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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 2,881 (8,907)
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 775 (63,645)
Citation 3

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

3.

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 711 (71,465)

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

4.

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 699 (72,797)

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

5.

Radical Constitutional Change

Virginia Public Law and Legal Theory Research Paper No. 2024-43
Number of pages: 55 Posted: 20 May 2024 Last Revised: 31 Jul 2024
Saikrishna Prakash and Cass R. Sunstein
University of Virginia School of Law and Harvard Law School
Downloads 677 (75,930)

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originalism, interpretation, radical constitutional change, paradigm shift, mainstream, extreme, Roberts Court, Burkeanism

6.

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 550 (98,547)
Citation 4

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

7.

The Essential Meaning of Executive Power

Number of pages: 134 Posted: 06 Jun 2000
Saikrishna Prakash
University of Virginia School of Law
Downloads 547 (99,261)
Citation 3

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8.

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 519 (105,807)
Citation 2

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9.

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 491 (113,115)

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constitution, interpretation, minimalism, originalism

10.

The Separation and Overlap of War and Military Powers

Texas Law Review, Vol. 87, 2008
Number of pages: 88 Posted: 22 Jan 2010 Last Revised: 27 Nov 2023
Saikrishna Prakash
University of Virginia School of Law
Downloads 384 (150,608)

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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

11.

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 362 (160,874)

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constitutional law, balance of power, nondelegation, legislative power

12.

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 311 (189,206)

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

13.

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 310 (189,876)
Citation 2

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14.

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 303 (194,594)
Citation 9

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

15.

The Chief Prosecutor

Number of pages: 88 Posted: 24 May 2005
Saikrishna Prakash
University of Virginia School of Law
Downloads 297 (198,686)

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Constitutional Law, Prosecutors, Originalism, Article II

16.

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 283 (208,918)

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

17.

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 279 (211,956)

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

18.

Removal and Tenure in Office

Downloads 277 (213,556)

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 209 (279,689)

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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 68 (651,638)

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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

19.

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 273 (216,866)

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

20.

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 271 (218,405)

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

21.

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 264 (224,153)

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22.

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 256 (231,093)

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gerrymandering, districting, vote dilution

23.

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 252 (234,645)

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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

24.

How to Legitimate the Prosecution of Politicians

Downloads 226 (260,904)

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 194 (299,750)

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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 32 (897,879)

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25.

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 226 (260,904)

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26.

Deciphering the Commander-in-Chief Clause

Yale Law Journal, Vol. 133, No. 1, 2023, Virginia Public Law and Legal Theory Research Paper No. 2023-74
Number of pages: 98 Posted: 23 Nov 2023
Saikrishna Prakash
University of Virginia School of Law
Downloads 201 (290,944)

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Commander in Chief, President, Congress, military, civilian, Constitution, separation of powers, and tactical control

27.

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 200 (292,255)

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

28.

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 177 (326,243)
Citation 2

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delegation, necessary and proper, congress

29.

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 173 (332,935)

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Attourneys General, duty to defend, same sex marriage

30.

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 166 (345,108)

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

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 146 (383,812)

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

32.

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 138 (401,315)

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Executive Privilege, Separation of Powers

33.

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 137 (403,507)

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

34.

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 131 (417,960)

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Commerce Clause, Separation of Powers, Intrasentence Uniformity

35.

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 128 (425,383)

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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

36.

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 128 (425,383)

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37.

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 126 (433,220)

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

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 113 (467,476)

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

39.

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 113 (467,476)
Citation 2

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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

40.

'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 106 (489,673)

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

41.

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 105 (493,028)

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

42.

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 104 (496,441)

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Federalism, Separation of Powers

43.

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 103 (499,854)

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

44.

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 89 (549,924)

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

45.

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 87 (557,633)
Citation 1

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

46.

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 87 (557,633)

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47.

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 86 (561,635)

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Abraham Lincoln, Habeas Corpus, Great Writ, Suspension

48.

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 85 (565,583)

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Judicial Review, Separation of Powers

49.

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 84 (569,616)

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

50.

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 75 (607,911)
Citation 1

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51.

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 71 (626,427)
Citation 1

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Unwritten Constitution, Supreme Court doctrine, Separation of Powers

52.

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 69 (635,955)
Citation 2

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53.

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 63 (666,123)

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

54.

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 57 (698,263)

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

55.

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 56 (703,987)

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

56.

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 55 (709,770)

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

57.

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 55 (709,770)
Citation 1

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Presidential Powers, Separation of Powers, Executive Powers

58.

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 52 (727,672)
Citation 1

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Constitution, Constitutional Construction

59.

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 51 (733,929)
Citation 3

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Originalism, 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 46 (766,045)

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Judicial Review, Founders, Federalism, Separation of Powers

61.

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 45 (772,858)

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

62.

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 45 (772,858)

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

63.

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 45 (772,858)

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

64.

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 44 (779,734)

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

65.

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 44 (779,734)

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

66.

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 43 (786,970)
Citation 1

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Democracy, Separation of Powers, Bicameralism, Presidential Veto

67.

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 42 (794,028)

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68.

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 41 (801,250)

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Separation of Powers, Commander In Chief Regulation

69.

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 41 (801,250)

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Treaty Power, Treaty Power limits, Constraints on Federal Power

70.

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 40 (808,526)

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

71.

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 39 (816,034)

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Written Constitution

72.

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 35 (847,593)
Citation 6

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

73.

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 28 (908,519)

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Fourteenth Amendment

74.

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 28 (908,519)

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Separation of Powers, Inter-branch Norms

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 25 (936,799)

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

76.

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 23 (956,745)

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

77.

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 21 (977,399)

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

78.

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 19 (998,696)

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

79.

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 17 (1,020,393)

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

80.

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 12 (1,075,214)

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

81.

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 12 (1,075,214)

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