Document Type

Article

Publication Date

1987

Publication Citation

72 Cornell Law Review 421 (1987)

Abstract

The papers in this symposium examine constitutionally significant separation-of-powers themes that were particularly controversial in Franklin Roosevelt's administrations and once again command our attention. The Supreme Court's decision in cases such as Immigration & Naturalization Services v. Chadha I and Bowsher v. Synar2 have helped to resurrect questions that have been ignored, if not resolved, since the 1930s. This symposium focuses on the contemporary debate that these issues have generated, and it provides us with an array of approaches to and perspectives on that debate. As this Introduction emphasizes, that these issues have arisen before is significant, both legally and historically. The reemergence of these issues and themes invites a reassessment of many of the decisions of the Roosevelt Era and, more urgently, perhaps, it challenges us to distinguish our contemporary problems and political solutions from those of the past. It is toward this end that this Introduction sketches at least some of the parallels between the issues presented during the New Deal and those we face today.

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