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Articles 1 - 11 of 11
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The Constitution's Forgotten Cover Letter: An Essay On The New Federalism And The Original Understanding, Daniel A. Farber
The Constitution's Forgotten Cover Letter: An Essay On The New Federalism And The Original Understanding, Daniel A. Farber
Daniel A Farber
At the end of the summer of 1787, the Philadelphia Convention issued two documents. One was the Constitution itself. The other document, now almost forgotten even by constitutional historians, was an official letter to Congress, signed by George Washington on behalf of the Convention. Congress responded with a resolution that the Constitution and "letter accompanying the same" be sent to the state legislatures for submission to conventions in each state.
The Washington letter lacks the detail and depth of some other evidence of original intent. Being a cover letter, it was designed only to introduce the accompanying document rather than …
The Categorical Approach To Protecting Speech In American Constitutional Law, Daniel A. Farber
The Categorical Approach To Protecting Speech In American Constitutional Law, Daniel A. Farber
Daniel A Farber
No abstract provided.
The Fourteenth Amendment And The Unconstitutionality Of Secession, Daniel A. Farber
The Fourteenth Amendment And The Unconstitutionality Of Secession, Daniel A. Farber
Daniel A Farber
To understand fully the relevance of the first two clauses of the Fourteenth Amendment to secession, we need to examine the antebellum disputes about citizenship and sovereignty, the subject of Part II below. Issues about citizenship arose in the context of specific disputes about naturalization, expatriation, and the rights of freedmen, but they implicated conflicts over the seat of allegiance and the nature of the Union. Part III turns to the Reconstruction debates and shows how they reflect a fundamentally nationalistic view of citizenship. The Reconstruction Amendments to the Constitution were connected with a powerful vision of national citizenship and …
The Rule Of Law And The Law Of Precedents, Daniel A. Farber
The Rule Of Law And The Law Of Precedents, Daniel A. Farber
Daniel A Farber
No abstract provided.
The Dead Hand Of The Architect, Daniel A. Farber
The Dead Hand Of The Architect, Daniel A. Farber
Daniel A Farber
No abstract provided.
Constitutional Cadenzas, Daniel A. Farber
The Ninth Amendment And Individual Rights: A Reply To Professor Mcaffee, Daniel A. Farber
The Ninth Amendment And Individual Rights: A Reply To Professor Mcaffee, Daniel A. Farber
Daniel A Farber
No abstract provided.
Place-Based Theory Of Standing, A, Daniel A. Farber
Place-Based Theory Of Standing, A, Daniel A. Farber
Daniel A Farber
No abstract provided.
The Constitution's Forgotten Cover Letter: An Essay On The New Federalism And The Original Understanding, Daniel A. Farber
The Constitution's Forgotten Cover Letter: An Essay On The New Federalism And The Original Understanding, Daniel A. Farber
Daniel A Farber
No abstract provided.
The Categorical Approach To Protecting Speech In American Constitutional Law, Daniel A. Farber
The Categorical Approach To Protecting Speech In American Constitutional Law, Daniel A. Farber
Daniel A Farber
Symposium: An Ocean Apart? Freedom of Expression in Europe and the United States. This Article was originally written in French and delivered as a conference paper at a symposium held by the Center for American Law of the University of Paris II (Panthèon-Assas) on January 18-19, 2008.
Access And Exclusion Rights In Electronic Media:Complex Rules For A Complex World, Daniel A. Farber
Access And Exclusion Rights In Electronic Media:Complex Rules For A Complex World, Daniel A. Farber
Daniel A Farber
No abstract provided.