Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Constitutional law (110)
- Constitutional Law (79)
- Constitution (56)
- First Amendment (38)
- Fourteenth amendment (37)
-
- Due process (25)
- Supreme Court (24)
- Fourteenth Amendment (23)
- First amendment (21)
- Equal protection (20)
- Abortion (18)
- Dobbs (12)
- Fourth Amendment (12)
- Reconstruction (12)
- Freedom of speech (11)
- Sex discrimination (11)
- Suffrage (11)
- 19th Amendment (10)
- Civil War (10)
- Civil rights (10)
- Fourth amendment (10)
- Sixth amendment (10)
- Commerce clause (9)
- Death penalty (9)
- Federalism (9)
- Fifth Amendment (9)
- Fifth amendment (9)
- Free speech (9)
- Gender equality (9)
- John A. Bingham (9)
- Publication Year
- Publication
- Publication Type
Articles 481 - 493 of 493
Full-Text Articles in Entire DC Network
James M. Ashley, Robin J. Lau
Ebay Rx, Tracy Thomas
Congress Has The Power To Enforce The Bill Of Rights Against The Federal Government: Therefore Fisa Is Constitutional And The President's Terrorist Surveillance Program Is Illegal, Wilson R. Huhn
Akron Law Faculty Publications
The principal point of this Article is that Congress has plenary authority to enforce the Bill of Rights against the federal government. Although this precept is a fundamental one, neither the Supreme Court nor legal scholars have articulated this point in clear, simple, and direct terms. The Supreme Court does not have a monopoly on the Bill of Rights. Congress, too, has constitutional authority to interpret our rights and to enforce or enlarge them as against the actions of the federal government.
Congress exercised its power to protect the constitutional rights of American citizens when it enacted the Foreign Intelligence …
The Powers That Be: A Reexamination Of The Federal Courts' Rulemaking And Adjudicatory Powers In The Context Of A Clash Of A Congressional Statute And A Supreme Court Rule, Bernadette Bollas Genetin
The Powers That Be: A Reexamination Of The Federal Courts' Rulemaking And Adjudicatory Powers In The Context Of A Clash Of A Congressional Statute And A Supreme Court Rule, Bernadette Bollas Genetin
Con Law Center Articles and Publications
No abstract provided.
The Continuing Importance Of Congressman John A. Bingham And The Fourteenth Amendment, Richard L. Aynes
The Continuing Importance Of Congressman John A. Bingham And The Fourteenth Amendment, Richard L. Aynes
The 39th Congress Project
No abstract provided.
Justice Scalia Reinvents Restitution, Tracy Thomas
Justice Scalia Reinvents Restitution, Tracy Thomas
Con Law Center Articles and Publications
No abstract provided.
Random Vs. Suspicion-Based Drug Testing In The Public Schools -- A Surprising Civil Liberties Dilemma, Martin H. Belsky
Random Vs. Suspicion-Based Drug Testing In The Public Schools -- A Surprising Civil Liberties Dilemma, Martin H. Belsky
Akron Law Faculty Publications
The Tecumseh School District had a policy that all students who wished to participate in extracurricular activities that involved some sort of competition had to agree to drug testing before the competition and then randomly thereafter. ... Those selected for accusatory drug testing might be perceived to be wearing a "badge of shame" and be subject to the arbitrary whim of an administrator. ... Vernonia involved a rule requiring drug testing as a condition for participation in extracurricular competitive sports. ... In Earls, the Tecumseh School District adopted a "Student Activities Drug Testing Policy" that required all students who wished …
Random Vs. Suspicion-Based Drug Testing In The Public Schools -- A Surprising Civil Liberties Dilemma, Martin H. Belsky
Random Vs. Suspicion-Based Drug Testing In The Public Schools -- A Surprising Civil Liberties Dilemma, Martin H. Belsky
Martin H. Belsky
The Tecumseh School District had a policy that all students who wished to participate in extracurricular activities that involved some sort of competition had to agree to drug testing before the competition and then randomly thereafter. ... Those selected for accusatory drug testing might be perceived to be wearing a "badge of shame" and be subject to the arbitrary whim of an administrator. ... Vernonia involved a rule requiring drug testing as a condition for participation in extracurricular competitive sports. ... In Earls, the Tecumseh School District adopted a "Student Activities Drug Testing Policy" that required all students who wished …
Constricting The Law Of Freedom: Justice Miller, The Fourteenth Amendment, And The Slaughter-House Cases, Richard L. Aynes
Constricting The Law Of Freedom: Justice Miller, The Fourteenth Amendment, And The Slaughter-House Cases, Richard L. Aynes
Akron Law Faculty Publications
The Slaughter-House Cases are simultaneously unremarkable and extraordinary. They are unremarkable because the matter at issue -- whether butchers can be required to ply their trade at a central, state-franchised facility -- has long since ceased to be a matter of concern. They are extraordinary because in spite of the fact that three of the Court's significant legal conclusions have been rejected and “everyone” agrees the Court incorrectly interpreted the Privileges or Immunities Clause, the conclusion that the Privileges or Immunities Clause of the Fourteenth Amendment had no meaningful place in our constitutional scheme continues to live on. Even those …
On Misreading John Bingham And The Fourteenth Amendment, Richard L. Aynes
On Misreading John Bingham And The Fourteenth Amendment, Richard L. Aynes
Akron Law Faculty Publications
Nearly fifty years ago, Professor Charles Fairman published his seminal article, Does the Fourteenth Amendment Incorporate the Bill of Rights? According to Fairman, it does not. Fairman's analysis of the congressional debates and other historical data on the Fourteenth Amendment led him to conclude that the Privileges or Immunities Clause of the Amendment does not make the Bill of Rights applicable to the states. Instead, Fairman argued that the intent of the Amendment's framers is most nearly realized by the use of the Due Process Clause to enforce against the states only those rights “ ‘implicit in the concept of …
The Impeachment And Removal Of Tennessee Judge West Humphreys: John Bingham's Prologue To The Johnson Impeachment Trial, Richard L. Aynes
The Impeachment And Removal Of Tennessee Judge West Humphreys: John Bingham's Prologue To The Johnson Impeachment Trial, Richard L. Aynes
The 39th Congress Project
No abstract provided.
On Misreading John Bingham And The Fourteenth Amendment, Richard L. Aynes
On Misreading John Bingham And The Fourteenth Amendment, Richard L. Aynes
The 39th Congress Project
No abstract provided.
The Antislavery And Abolitionist Background Of John A. Bingham, Richard L. Aynes
The Antislavery And Abolitionist Background Of John A. Bingham, Richard L. Aynes
The 39th Congress Project
No abstract provided.