A Theory of Constitutional Norms

The political convulsions of the past decade have fueled acute interest in constitutional norms or “conventions.” Despite intense scholarly attention, existing accounts are incomplete and do not answer at least one or more of three major questions: (1) What must all constitutional norms do? (2) What makes them conventional? (3) And why are they constitutional? This Article advances an original theory of constitutional norms that answers these questions. First, it defines them and explains their general character: they are normative, contingent, and arbitrary practices that implement constitutional text and principle. Most scholars have foregone examining how norms are conventional or have relegated them to coordinating behavior, like rules requiring drivers to stick to one side of the road. By contrast, this Article argues that constitutional norms are constitutive conventions, which concretize values into practices; they are akin to conventions of etiquette that concretize concepts like “politeness.” Constitutional norms implement abstract principles, like the separation of powers, or indeterminate text, such as “advice and consent,” into specific behavior and action. By understanding constitutional norms as constitutive conventions, this Article explains norms’ salient features, basic functions, and relationship to the Constitution. Norms are normative because they command respect and allegiance; they are contingent because they depend on political, social, and intellectual conditions to emerge and endure; they are arbitrary because they represent one of many possible ways of realizing constitutional text and principle; and they are constitutional because the values they implement arise from the Constitution itself. This Article animates its theory through case studies of three constitutional norms: blue slips, the norm against court-packing, and executive noninterference in law enforcement. It concludes by questioning the use of historical practice in constitutional interpretation. It suggests that when scholars and judges draw on norms that are intrinsically contingent and arbitrary, they embed unstated normative assumptions about the past and how it should constrain the future

Of matroid polytopes, chow rings and character polynomials

Matroids are combinatorial structures that capture various notions of independence. Recently there has been great interest in studying various matroid invariants. In this thesis, we study two such invariants: Volume of matroid base polytopes and the Tutte polynomial. We gave an approach to computing volume of matroid base polytopes using cyclic flats and apply it to the case of sparse paving matroids. For the Tutte polynomial, we recover (some of) its coefficients as degrees of certain forms in the Chow ring of underlying matroid. Lastly, we study the stability of characters of the symmetric group via character polynomials. We show a combinatorial identity in the ring of class functions that implies stability results for certain class of Kronecker coefficients

Response Of The Dupi Tila Aquifer to intensive pumping in Dhaka, Bangladesh

This paper focuses on the water-quantity issues facing Dhaka because of the rapid exploitation of the Dupi Tila aquifer. Dhaka is one of the world’s largest groundwater-dependent cities, relying on water withdrawn from this underlying semiconfined sand aquifer. A meteoric rise in well construction in both the private and public sectors in recent years has produced an estimated 1,300 boreholes that tap the aquifer in urban and suburban parts of the city. Analysis of construction records for public-supply wells drilled between 1970 and 2000 shows that water levels are falling in several areas of the city despite apparently favorable recharge conditions . The productivity of boreholes as measured by specific capacity has also declined significantly. Even though the aquifer system is vital to the infrastructure of the city it remains a poorly quantified resource, and until this is resolved by investment in evaluation studies, attempts to efficiently manage the resource in a sustainable way will be frustrated