About this document

Judicial Authority and Congressional Silence by Ronik Malik is a document available to read on EtoBox.

This document discusses the issue of "Congressional silence" and the presumption that Congressional inaction implies approval of a prior judicial interpretation. It notes that while this presumption is factually questionable, in some cases legislative history does reveal clear Congressional intent. However, most cases involve ambiguous intent. In these cases, the presumption reflects a policy judgment by the Court to proceed as if Congress approved the interpretation, even if they did not actually do so. Th

Author

Ronik Malik

Language

EN