Conventions in the Trenches

19 Pages Posted: 10 Jul 2020

See all articles by Katherine Shaw

Katherine Shaw

University of Pennsylvania - Carey Law School; Yeshiva University - Benjamin N. Cardozo School of Law

Date Written: June 17, 2020


This short essay, responding to Professor Samuel Issacharoff and Dean Trevor Morrison's Jorde Lecture, “Constitution by Convention,” uses the recent litigation over the Trump Administration's efforts to add a citizenship question to the 2020 Census to highlight the significance of internal executive-branch conventions; it also explores both the procedural and substantive dimensions of lower-court inquiries into, and enforcement of, such conventions.

Keywords: constitution, constitutional conventions, administrative law, Administrative Procedure Act, APA, pretext

Suggested Citation

Shaw, Katherine, Conventions in the Trenches (June 17, 2020). California Law Review, Forthcoming, Available at SSRN:

Katherine Shaw (Contact Author)

University of Pennsylvania - Carey Law School ( email )

3501 Sansom Street
Philadelphia, PA 19104
United States

Yeshiva University - Benjamin N. Cardozo School of Law ( email )

55 Fifth Ave.
New York, NY 10003
United States

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