The Yale Law Journal

Douglas A. Kysar

Article

Prods and Pleas: Limited Government in an Era of Unlimited Harm

Benjamin Ewing & Douglas A. Kysar

 

121 Yale L.J. 350 (2011).

Not just a system of checks and balances ideally tuned to constrain collective political action, the constitutional division of authority also may be seen as a system of “prods and pleas” in which distinct governmental branches and actors can push each other to entertai…