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Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International

Document Type

Article

Publication Date

9-2014

Publisher

Cornell Law School

Language

en-US

Abstract

In their recent article, Congress’ s (Limited) Power to Represent Itself in Court , 1 Tara Leigh Grove and Neal Devins make the case against congressional litigation in defense of the constitutionality of federal statutes. They conclude that Congress, or a single House of Congress, may not defend the constitutionality of federal statutes in court even when the executive branch has decided not to do so but may litigate only in furtherance of Congress ’s investigatory and disciplinary powers. 2

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