Tag Archives: constitutional avoidance

Constitutional Avoidance and Presidential Power, by Aneil Kovvali

by Guest Blogger — Monday, June 26, 2017

Editor’s Note: Aneil Kovvali recently published a longer essay on this subject in the Yale Journal on Regulation Bulletin. You can access it here. Recent events have brought renewed attention to statutes designed to constrain the president.  Troublingly, such statutes are often given limited constructions that weaken their force.  Under the constitutional avoidance canon, statutes […]

Should Courts Defer to Administrative Interpretations of Criminal Law?

by Chris Walker — Tuesday, Nov. 11, 2014@chris_j_walker

Yesterday in a short statement respecting the denial of certiorari in Whitman v. United States, Justice Scalia — joined by Justice Thomas — raised an interesting question about whether “a court owe[s] deference to an executive agency’s interpretation of a law that contemplates both criminal and administrative enforcement.”  Here are some highlights (citations omitted): I doubt the […]