Document Type

Symposium Participant

Publication Date

2013

Publication Information

88 Notre Dame L. Rev. 2167 (2013).

Abstract

Congress often enacts statutes that only apply to a specific place. This essay identifies the instances in which site-specific legislation is appropriate. It recounts the uses of such legislation, the theoretical debate surrounding it, and the circumstances in which it is desirable. Site-specific legislation plays an important role in enabling Congress to prescribe its preferred policy even when agreement on broader legislation. My suggestion, therefore, is that general legislation should remain the default for congressional action, but site-specific legislation is appropriate when (a) there are convincing reasons for adopting special rules for a particular place, (b) there is no agreement for the establishment of a new general rule, and (c) the legislation is enacted through transparent procedures.

Comments

Symposium: The American Congress: Legal Implications of Gridlock
Reprinted with permission of the Notre Dame Law Review.

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