Plenary Power Is Dead! Long Live Plenary Power!
10 Pages Posted: 13 Aug 2015 Last revised: 29 Sep 2015
Date Written: 2015
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
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