Plenary Power Is Dead! Long Live Plenary Power!

10 Pages Posted: 13 Aug 2015 Last revised: 29 Sep 2015

See all articles by Michael Kagan

Michael Kagan

University of Nevada, Las Vegas, William S. Boyd School of Law

Date Written: 2015

Abstract

For decades, scholars of immigration law have anticipated the demise of the plenary power doctrine. The Supreme Court could have accomplished this in its recent decision in Kerry v. Din, or it could have re-affirmed plenary power. Instead, the Court produced a splintered decision that did neither. This essay examines the long process of attrition that has significantly gutted the traditional plenary power doctrine with regard to procedural due process, while leaving it largely intact with regard to substantive constitutional rights.

Keywords: plenary power, immigration, judicial review, constitutional limitation, freedom of speech, procedural due process

Suggested Citation

Kagan, Michael, Plenary Power Is Dead! Long Live Plenary Power! (2015). Michigan Law Review First Impressions, 2015, Forthcoming; UNLV William S. Boyd School of Law Legal Studies Research Paper. Available at SSRN: https://ssrn.com/abstract=2642449

Michael Kagan (Contact Author)

University of Nevada, Las Vegas, William S. Boyd School of Law ( email )

4505 South Maryland Parkway
Box 451003
Las Vegas, NV 89154
United States

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