Foreword

Devins discusses his own experiences with government lawyers and the contextualization that seems to dominate their experiences and work

Congress, the FCC, and the Search for the Public Trustee

The features of constitutional politics involving independent agencies are discussed through an examination of FCC efforts to repudiate regulatory initiatives designed to facilitate diversity in broadcasting

Congress, the FCC, and the Search for the Public Trustee

The features of constitutional politics involving independent agencies are discussed through an examination of FCC efforts to repudiate regulatory initiatives designed to facilitate diversity in broadcasting

Appropriations Redux: A Critical Look at the Fiscal Year 1988 Continuing Resolution

On January 25, 1988, in his State of the Union Address, President Reagan blasted Congress for the budget process culminating in the Fiscal Year 1988 (FY 88) continuing resolution. 1 Contending that [m]ost of you in this chamber didn\u27t know what was in this [2100-page] catch all bill and [accompanying conference] report, the President boldly proclaimed that he would not sign another one of these. 2 This damning statement, rather than inciting the hostility associated with unfounded accusations, provoked the wild appreciation associated with a minister preaching to the faithful. Indeed, since Congress\u27s passage of the resolution, pledges of support for the President\u27s stand have been made by enough Congressmen and Senators to sustain such a veto. 3 There is good reason to dislike the FY 88 continuing resolution: the bill shattered Congress\u27s reputation as a deliberative body. Fearing the imminent shutdown of the government, 4 Congress adopted internal rules to preclude debate and amendment and effectively to deny access to the final version of the bill. 5 In essence, the resolution appears the secretive work-product of powerful legislators and their aides. This article\u27s concern is the recent proliferation of continuing resolutions and the legal issues associated with that proliferation -- matters that received only scant attention in my earlier piece on limitation riders. 6 In reviewing the causes and contents of last year\u27s continuing resolution, this article will not altogether remove the negative cast put on continuing resolutions. 7 At the same time, ..