Clear Statement Rules

William N. Eskridge, Jr. (Yale) & Philip P. Frickey (Boalt), Quasi-Constitutional Law: Clear Statement Rules As Constitutional Lawmaking, 45 Vand. L. Rev. 593 (1992). (excerpts from 621-22 & 638-40 on pgs 615-16 of Federal Courts casebook)

Key quote: "The Court's new super-strong clear statement rules are extraordinarily countermajoritarian: they not only pose the possibility of ignoring legislative expectations, but they also make it quite hard for Congress to express its expectations . . . . The decision [in Dellmuth] suggested a certain judicial haughtiness and uncooperativeness that is surely inconsistent with the humble due process of lawmaking rationale for the Court's super-strong clear statement rules."