Recommended Citation
Paul Stancil, Congressional Silence and the Statutory Interpretation Game, 54 Wᴍ & Mᴀʀʏ L. Rᴇᴠ. 1251 (2013).
Keywords
statutory interpretation, law and economics, transaction costs, model, spatial model, congressional silence, game theory, pivotal politics, positive political theory, congressional override, legislative override
Document Type
Article
Abstract
This Article explores the circumstances under which the federal legislative apparatus may be unable to respond to a politically objectionable statutory interpretation from the Supreme Court. The Article builds upon existing economic models of statutory interpretation, for the first time incorporating transaction costs into the analysis. The Article concludes by identifying recent real-world disputes in which transaction costs constrained Congress and the President from overriding the Court.
Relation
54 Wm & Mary L. Rev.
Publication Title
William & Mary Law Review