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The Domain of Constitutional Delegations Under theOrders, Resolutions, and Votes Clause

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I should like to thank the editors of the Texas Law Review for making this colloquy possible. Additionally, I should like to thank Professor Gary S. Lawson for writing (on short notice) a thorough and scholarly opposition, to which I reply below. Although I do not shy away from any position taken in A Textualist Defense of Article I, Section 7, Clause 3: Why Hollingsworth v. Virginia Was Rightly Decided, and Why INS v. Chadha Was Wrongly Reasoned, Professor Lawson is correct in one regard: nowhere do I clearly explain the boundaries or contours of the condition precedent interpretation of the Orders, Resolutions, and Votes Clause (the “ORV Clause”) and its relation to the nondelegation doctrine. Although the reader might believe this failure on my part was somehow obvious, it seemed at the time that it was enough to resurrect the forgotten original meaning of the ORV Clause without expressly addressing the interplay between that meaning and other (albeit related) doctrines and constitu

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I should like to thank the editors of the Texas Law Review for making this colloquy possible. Additionally, I should like to thank Professor Gary S. Lawson for writing (on short notice) a thorough and scholarly opposition, to which I reply below. Although I do not shy away from any position taken in A Textualist Defense of Article I, Section 7, Clause 3: Why Hollingsworth v. Virginia Was Rightly Decided, and Why INS v. Chadha Was Wrongly Reasoned, Professor Lawson is correct in one regard: nowhere do I clearly explain the boundaries or contours of the condition precedent interpretation of the Orders, Resolutions, and Votes Clause (the “ORV Clause”) and its relation to the nondelegation doctrine. Although the reader might believe this failure on my part was somehow obvious, it seemed at the time that it was enough to resurrect the forgotten original meaning of the ORV Clause without expressly addressing the interplay between that meaning and other (albeit related) doctrines and constitu

Keywords

Original meaningLawNoticeStatutory interpretationPolitical scienceEminent domainLawmakingMeaning (existential)

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