Constitutional Law
Oct. 13, 2004
Congress Has No Authority to Preclude Judicial Review
Forum Column - By Erwin Chemerinsky - Can Congress enact an unconstitutional law and preclude federal courts, including the Supreme Court, from reviewing its constitutionality?
Erwin Chemerinsky
Dean and Jesse H. Choper Distinguished Professor of Law UC Berkeley School of Law
Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).
By Erwin Chemerinsky
Can Congress enact an unconstitutional law and preclude federal courts, including the Supreme Court, from reviewing its constitutionali...
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