After reading Nullification, which is excellent by the way, I began to consider the Obama administration’s disregard for existing laws on the books, e.g. immigration, work requirement in welfare reform, etc… Is it possible that the administration could use the Jeffersonian idea of concurrent review as a defense, validity of the argument notwithstanding? If so, then might the actions of the Obama administration provide a current “implied” precedent with which future administrations could resurrect the idea of concurrent review?
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