← Legal Glossary
Constitutional liquidation
Definition
The idea that the meaning of ambiguous constitutional provisions can be settled over time through consistent practice by the political branches. Respondents argued that over a century of Congress creating independent agencies, Presidents signing those laws, and the Court upholding them has liquidated the constitutional question in their favor.
Examples
- •Respondents argued that the long historical tradition of multi-member regulatory commissions with removal protections supports their constitutional liquidation argument