The Special Norms Thesis: Why Congress's Constitutional Decisionmaking Should be Disciplined by More Than the Usual Norms of Politics

Authors

Mark D. Rosen, lIT Chicago-Kent College of Law

Abstract

Even if we accept that the most basic rules of fair play do not apply to our nation's political representatives when they battle one another in the ordinary lawmaking process, we should demand more when they engage in constitutional decision-making. This Article explains why our constitutional system demands different rules of engagement when constitutional questions are at issue, and exactly what we should expect of members of Congress in these situations.

Disciplines

Constitutional Law | Election Law | Human Rights Law | Jurisdiction | Law | Legal History

Recommended Citation

Mark D. Rosen, The Special Norms Thesis: Why Congress's Constitutional Decisionmaking Should be Disciplined by More Than the Usual Norms of Politics, 40 Cardozo L. Rev. 2769 (2019).
Available at: https://larc.cardozo.yu.edu/clr/vol40/iss6/6