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The Threat Of A Second Constitutional Convention: Patrick Henry's Lasting Legacy, Jeffery K. Mitchell
The Threat Of A Second Constitutional Convention: Patrick Henry's Lasting Legacy, Jeffery K. Mitchell
University of Richmond Law Review
The Bill of Rights secured the individual freedoms that constitute the mainstay of American liberty. The Framers of the Constitution did not include these vital rights in the original version of the document. In fact, the first ten amendments were proposed by Congress to secure ratification of the Constitution and, more importantly, to prevent a second constitutional convention.
Virginia And The Ratification Of The Bill Of Rights, 1789-1791, J. Gordon Hylton
Virginia And The Ratification Of The Bill Of Rights, 1789-1791, J. Gordon Hylton
University of Richmond Law Review
Historians and constitutional scholars have paid scant attention to the process by which the states ratified the Bill of Rights. The states' ratifying conventions of 1787 and 1788 have been examined in great detail, as have the debates of the first Congress which led to the presentation of the Bill of Rights to the states. Scholars, however, have treated the ratification of the first ten amendments as little more than an historical formality. Why more than two full years passed between the Congressional adoption of the proposed amendments and the approval by the requisite number of states has never been …
Understanding "Rights" And Bills Of Rights, Albert P. Blaustein, Carol Tenney
Understanding "Rights" And Bills Of Rights, Albert P. Blaustein, Carol Tenney
University of Richmond Law Review
Scholars hold that there are forty to fifty distinct human rights. History teaches that they should be constitutionally enshrined. In this modern era when constitution-making is multiplying, drafters of bills of rights must now determine questions of formulation and location. How should these forty to fifty distinct human rights be classified; where in these constitutions should these rights be recited?
Reasonable Articulable Suspicion - The Demise Of Terry V. Ohio And Individualized Suspicion, Esther Jeanette Windmueller
Reasonable Articulable Suspicion - The Demise Of Terry V. Ohio And Individualized Suspicion, Esther Jeanette Windmueller
University of Richmond Law Review
The plethora of law review articles and cases on search and seizure demonstrates the confusion and frustration in fourth amendment stop-and-frisk jurisprudence. The fourth amendment to the Constitution guarantees that persons will be free of "unreasonable searches and seizures . . . and no Warrants shall issue but upon probable cause." A "stop-and-frisk" is a warrantless detention and search of a person by a police officer to investigate for unlawfulness. Although the United States Supreme Court has issued many investigative stop decisions, the Court has failed to promulgate a coherent and practical stop-and-frisk procedure for law enforcement personnel to follow. …