Document Type
Article
Publication Date
2024
Abstract
There is a fundamental legal distinction between making the law and applying it. All manner of juridical confusion follows from neglect of this distinction, as the Supreme Court’s statutory severability doctrine strikingly illustrates. In this lecture, I diagnose the cause of severability doctrine’s problems and identify a basic framework for replacement doctrine by drawing on that perennial philosophy which “view[s] the history of philosophy as the development of basic doctrines long discerned and taught, a development by way of deepening appreciation as opposed to constant replacement of one worldview by another.”
Recommended Citation
Kevin C. Walsh, Judicial Power and Potential Unconstitutionality: A Scholastic Perspective, 73 Cath. U. L. Rev. 455 (2024).
