Professor Chad Squitieri, Director of Catholic Law’s Separation of Powers Institute, delivered a lecture to the New Civil Liberties Alliance’s (NCLA) Scalia-Ginsburg Fellows on June 30 at NCLA’s headquarters. NCLA describes the Scalia-Ginsburg Fellowship as bringing together Fellows “from both sides of the political aisle – nine Ruth Bader Ginsburg Fellows and nine Antonin Scalia Fellows – nominated for participation by the law firms where they will be working as summer associates.” Fellows attend ten evening dinner lectures in May, June, and July, led by renowned legal scholars, judges, government officials, and respected legal practitioners. Professor Squitieri’s participation places him among a group of experts invited to share their insights with the next generation of legal talent.
The lecture drew on Professor Squitieri’s forthcoming Alabama Law Review article, “Congress in the Mouth of the Lawyer.” The article argues that because the Constitution requires the House and Senate to make law in concert with the President, loose references to the lawmaking “Congress” should be understood as implicitly referencing a broader lawmaking process that includes the President in addition to the House and Senate. To make his case, Professor Squitieri draws a historical parallel to England, where constitutional theorist A.V. Dicey explained that “Parliament means, in the mouth of a lawyer . . . the King, the House of Lords, and the House of Commons.” Through this comparison, Professor Squitieri offered Fellows a fresh lens for understanding how the separation of powers shapes the very meaning of lawmaking.