Search results for: "legitimacy" (1292 results)
funding programs: “The legitimacy of Congress’s exercise of the spending power . . . rests on whether the State voluntarily and knowingly accepts the
role of precedent is critical in setting both the legal and political legitimacy of subsequent presidential actions. Each time a President exercises a
all-out losers and protect its institutional legitimacy. I’ve argued elsewhere that the Court has done exactly that in a surprising (but sadly far from
legislatively detailed crimes, and that any “substantial deviation from that ‘method’ threatened the criminal law’s legitimacy.” John Coffee, arguably the
race-conscious and invidious motive by itself strips a law of its presumptive legitimacy. There’s little work left for strict scrutiny to do. By
agency decision-making.”); id. at 214 (“The right to be taken seriously . . . contributes to government legitimacy.”). See Deacon, supra note 32, at 691-92
importantly, its representative nature means that it enjoys a legitimacy that the courts do not, at least when it comes to making tradeoffs between
should qualify as law given its nonpositivist foundations.55 And while treaty law has not been put similarly to doubt, the legitimacy of lawmaking and
Taft-Hartley debates, it had become clear that such institutional legitimacy as unions could expect to enjoy in the post- war industrial relations
Schragger, supra note 43. the yale law journal 886 markets with democratic legitimacy. When the bond market becomes a despot, we have