How Long Is History's Shadow

Josh Chafetz

Journal: Yale Law Journal

Volume: 127

Year: 2018

Bluebook Citation: 127 YALE L.J. (2018)

Author: Josh Chafetz: all 18 publications


Abstract

In Congress's Constitution, Josh Chafetz takes issue with those who have questioned the value of Congress in recent years. He argues that Congress's critics focus too heavily on its legislative function and ignore several important nonlegislative powers that enable Congress to exert significant authority vis-a-vis the other branches. Chafetz engages in close historical examination of these nonlegislative powers and notes that in some cases, Congress has ceased exercising them as robustly as it once did, while in others it has unwittingly ceded them to another branch. Congress's Constitution urges Congress to reassert several of its ceded powers more aggressively going forward, in order to recapture some of the authority and influence it has lost over time.

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