Some constitutional language is necessarily open-textured, as when it forbids the “establishment” of religion or “unreasonable” searches, or when it guarantees the “free exercise” of religion, “due process” and “equal protection” of law. There is, in Chief Justice Warren Burger’s phrase, “play in the joints” of the Constitution. The Framers, however, favored precision when it is possible and necessary, as in the appropriations clause…(Read more)

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Topics: Budget & Appropriations