Corpus ID: 38747897

Constitutional Acquiescence

  title={Constitutional Acquiescence},
  author={Shalev Roisman},
  • Shalev Roisman
  • Published 2016
When courts, scholars, and government decisionmakers debate constitutional separation of powers questions, they primarily analyze past branch practice to divine the answer. Yet, despite the long pedigree and widespread contemporary use of this method of constitutional interpretation, precisely how interpreters should look to past practice has remained surprisingly undertheorized. This Article analyzes, critiques, debunks, and ultimately resurrects the predominant method of looking to past… Expand