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- Title
SEEKING BASELINES FOR NEGATIVE AUTHORITY: CONSTITUTIONAL AND RULE-OF-LAW ARGUMENTS OVER NONENFORCEMENT AND WAIVER.
- Authors
Price, Zachary S.
- Abstract
Recent controversies have called attention to the potential significance of negative executive authority--the authority to limit or undo what Congress has done through nonenforcement or waiver. This symposium essay reflects in several ways on constitutional and rule-of-law debates that have emerged regarding such authority. First, it defends the relevance of constitutional principles to baseline understandings of nonenforcement authority. Second, it identifies a deep tension in the rule of law's implications for discretionary enforcement. Third, it defends statutorily conferred law-cancellation authority against constitutional challenges and rule-of-law objections. Finally, it proposes presumptive limits on authority to condition statutory waivers.
- Subjects
AUTHORITY; LAW enforcement; RULE of law
- Publication
Journal of Legal Analysis, 2016, Vol 8, Issue 1, p235
- ISSN
2161-7201
- Publication type
Essay
- DOI
10.1093/jla/law005