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Article: The doctrine of political accountability and Supreme Court jurisdiction: applying a new external constraint to Congress's exceptions clause power.
- Article from:
- The Yale Law Journal
- Article date:
- October 1, 1996
- Author:
CopyrightCOPYRIGHT 1996 Yale University, School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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I do not think the United States would come to an end if we lost our power to declare an Act of Congress void. I do think the Union would be imperiled if we could not make that declaration as to the laws of the several States.(1)
But it is time we came to realize that in a democracy conflict over basic policy cannot be avoided and that when too long delayed it may, like Langston Hughes' dream deferred, explode.(2)
1. Introduction: Past Congressional Acts and a New Proposal to
Limit congressional authority Under the Exceptions Clause
Throughout the twentieth century, fundamental changes in political power often have ushered in novel ...