Gridlock, Legislative Supremacy, and the Problem of Arbitrary Inaction

16 Pages Posted: 20 Jul 2013

See all articles by Michael Teter

Michael Teter

University of Utah S.J. Quinney College of Law

Date Written: November 10, 2012

Abstract

Congressional gridlock threatens the fundamental constitutional doctrines of separation of powers and legislative supremacy. Moreover, as many scholars have noted, the Framers were concerned with preventing arbitrary governmental action. Gridlock not only makes the arbitrary exercise of governmental power more likely, but also implicates a new concern: the problem of arbitrary inaction.

Keywords: Congress, separation of powers, legislation, constitutional law

Suggested Citation

Teter, Michael, Gridlock, Legislative Supremacy, and the Problem of Arbitrary Inaction (November 10, 2012). Notre Dame Law Review, Vol. 88, No. 5, 2013, Available at SSRN: https://ssrn.com/abstract=2296150

Michael Teter (Contact Author)

University of Utah S.J. Quinney College of Law ( email )

332 S. 1400 East, Room 101
Salt Lake City, UT 84112-0730
United States

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