This history is indicative of the conflict between the Court and Congress over the Court's authority to promulgate rules of evidence. Central to this controversy is the question of whether rules of evidence are substantive or procedural. This note is devoted to a discussion of that issue, ultimately arriving at the conclusion that most of the rules which were prescribed by the Court are procedural in nature and, therefore, within the Court's power to prescribe rules of practice and procedure under the enabling acts.
Lyle K. Wilson,
Evidence—Congressional Preemption of the Federal Rules of Evidence—Pub. L. No. 93-12, 87 Stat. 9 (Mar. 30, 1973),
49 Wash. L. Rev.
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