Rulebooks, Playgrounds, and Endgames: A Constitutional Analysis of the Calabresi-Hirji Judgeship Proposal
November 24, 2017
Steven Calabresi and Shams Hirji have posted a co-written paper* calling on Congress to legislate a major expansion of the lower federal courts. The document is remarkable in at least two respects. First, it showcases the difference between legislation that Congress has the formal authority to enact and legislation that is compatible with the small-c…