Perhaps you’ve heard the federal government is currently shut down?
With budget negotiations at an impasse, and another debt ceiling battle looming, the Scholarship@Cornell Law repository is featuring two articles published by members of the law faculty that touch on these respective issues.
Professor Josh Chafetz’s essay “The Phenomenology of Gridlock,” turns the conventional dysfunction narrative on its head, arguing that the hunt for causes of gridlock are misguided. Originally appearing in Notre Dame Law Review’s 2012 “The American Congress: Legal Implications of Gridlock” Symposium, Chafetz argues that gridlock itself is not a phenomenon, but an absence of it, and that looking at why and how legislation occurs is the more fruitful course of action in determining institutional dysfunction.
Also, Professor Michael Dorf and George Washington University’s Neil H. Buchanan tackled the debt ceiling fight last year in companion articles “How to Choose the Least Unconstitutional Option: Lessons for the President (and Others) from the Debt Ceiling Standoff” and “Nullifying the Debt Ceiling Threat Once and for All: Why the President Should Embrace the Least Unconstitutional Option” appearing the Columbia Law Review and Columbia Law Review Sidebar respectively. In the papers, Dorf and Buchanan examine the recent history of the debt ceiling brinksmanship between Congress and The White House and examine the options the President may have to prevent the ceiling from becoming a negotiation tactic every time it needs to be raised. Additionally, visit Professor Dorf’s blog, Dorf on Law, where he’s been posting on the current budget negotiations.
For more on the latest scholarly articles from these authors and the rest of the law school faculty visit the repository at Scholarship@Cornell Law.