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Running Cars, Constitutions And Metaphors Into The Ground, Mark A. Graber
Running Cars, Constitutions And Metaphors Into The Ground, Mark A. Graber
Mark Graber
Professor Sanford Levinson frequently analogizes the Constitution of the United States to a vehicle that desperately needs repairs. “[R]elying on the present Constitution.” he writes, “is similar to driving a car with very bad brakes and slick tires.” Much commentary on Our Undemocratic Constitution implicitly challenges the automotive metaphor. The Constitution of the United States, supporters profess, is not really as bad as Levinson would have us believe. The following pages take a road less traveled. Ancient constitutional institutions in the United States are suffering from severe wear and tear. Nevertheless, decisions to drive a comparatively unsafe car are often …
A Promise The Nation Cannot Keep: What Prevents The Application Of The Thirteenth Amendment In Prison?, Raja Raghunath
A Promise The Nation Cannot Keep: What Prevents The Application Of The Thirteenth Amendment In Prison?, Raja Raghunath
William & Mary Bill of Rights Journal
The walls of the prison are not solely physical. The doctrine of judicial deference to prison officials, which compels courts to defer to the discretion of those officials in almost all instances, obstructs the effective scrutiny of modern practices of punishment. Since its ratification, the Thirteenth Amendment—which prohibits slavery or involuntary servitude anywhere within the United States or its jurisdiction, except where imposed “as a punishment for crime whereof the party shall have been duly convicted”1—has been seen by courts as one brick in this wall. This Article makes the novel argument that, properly read, the amendment should function instead …
October 7, 2009: The Temptations Of Standing, Bruce Ledewitz
October 7, 2009: The Temptations Of Standing, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Temptations of Standing“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Must God Be Dead Or Irrelevant: Drawing A Circle That Lets Me In, Richard M. Esenberg
Must God Be Dead Or Irrelevant: Drawing A Circle That Lets Me In, Richard M. Esenberg
William & Mary Bill of Rights Journal
Some scholars claim that current Establishment Clause doctrine can increasingly be explained in terms of substantive neutrality-that is, the idea that government ought to treat religion and irreligion (or comparable secular activities) in the same way. Whether a product of the Court's commitment to the idea or an artifact of the positions of the "swing" Justices, this proposition has considerable explanatory power. The Supreme Court has, in recent years, permitted the government to make financial support equally available for religious uses, as long as it is done on a neutral basis and through the private choice of the recipients. It …
September 9, 2009: How Did Corporations Get Constitutional Rights?, Bruce Ledewitz
September 9, 2009: How Did Corporations Get Constitutional Rights?, Bruce Ledewitz
Hallowed Secularism
Blog post, “How Did Corporations Get Constitutional Rights?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
August 21, 2009: God Is God, Bruce Ledewitz
August 21, 2009: God Is God, Bruce Ledewitz
Hallowed Secularism
Blog post, “God is God“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
August 15, 2009: Higher Law At Netroots Nation, Bruce Ledewitz
August 15, 2009: Higher Law At Netroots Nation, Bruce Ledewitz
Hallowed Secularism
Blog post, “Higher Law at Netroots Nation“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
July 30, 2009: Jesus Is Back In The Legislature, Thank God, Bruce Ledewitz
July 30, 2009: Jesus Is Back In The Legislature, Thank God, Bruce Ledewitz
Hallowed Secularism
Blog post, “Jesus is Back in the Legislature, Thank God“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
July 9, 2009: How Is The Constitution Interpreted?, Bruce Ledewitz
July 9, 2009: How Is The Constitution Interpreted?, Bruce Ledewitz
Hallowed Secularism
Blog post, “How is the Constitution Interpreted?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
July 4, 2009: How Will The Children Of Secularists Return To Religion?, Bruce Ledewitz
July 4, 2009: How Will The Children Of Secularists Return To Religion?, Bruce Ledewitz
Hallowed Secularism
Blog post, “How Will the Children of Secularists Return to Religion?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
June 26, 2009: No Political Wall Of Separation, Bruce Ledewitz
June 26, 2009: No Political Wall Of Separation, Bruce Ledewitz
Hallowed Secularism
Blog post, No Political Wall of Separation“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
May 27, 2009: Judge Sonia Sotomayor And Judicial Activism, Bruce Ledewitz
May 27, 2009: Judge Sonia Sotomayor And Judicial Activism, Bruce Ledewitz
Hallowed Secularism
Blog post, “Judge Sonia Sotomayor and Judicial Activism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Maryland And The Constitution Of The United States: An Introductory Essay, William L. Reynolds
Maryland And The Constitution Of The United States: An Introductory Essay, William L. Reynolds
William L. Reynolds
The State of Maryland and the attorneys who practice in it have played a profound role in the history of the Constitution of the United States. That relationship should not surprise anyone: after all, Maryland was one of the original thirteen states, and its proximity to the nation’s capitol ensured that its lawyers would play an active role in the bar of the Supreme Court. Although the case names alone would make that history apparent – McCulloch v. Maryland, Brown v. Maryland, Federal Baseball – I am not aware of a serious scholarly effort to bring that history to the …
April 16, 2009: What Can The Courts Do About Gay Marriage?, Bruce Ledewitz
April 16, 2009: What Can The Courts Do About Gay Marriage?, Bruce Ledewitz
Hallowed Secularism
Blog post, “What Can the Courts Do About Gay Marriage?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
April 6, 2009: No Constitutional Right To Shoot Police Officers, Bruce Ledewitz
April 6, 2009: No Constitutional Right To Shoot Police Officers, Bruce Ledewitz
Hallowed Secularism
Blog post, “No Constitutional Right to Shoot Police Officers“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
April 2, 2009: The Secular Mind On The Huffington Post, Bruce Ledewitz
April 2, 2009: The Secular Mind On The Huffington Post, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Secular Mind on the Huffington Post“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
March 22, 2009: A Restatement Of The Establishment Clause, Bruce Ledewitz
March 22, 2009: A Restatement Of The Establishment Clause, Bruce Ledewitz
Hallowed Secularism
Blog post, “A Restatement of the Establishment Clause“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
March 16, 2009: Proposition 8 And The Threat Of, And To, Religious Liberty, Bruce Ledewitz
March 16, 2009: Proposition 8 And The Threat Of, And To, Religious Liberty, Bruce Ledewitz
Hallowed Secularism
Blog post, “Proposition 8 and the Threat of, and to, Religious Liberty“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
March 3, 2009: Holy Hullabaloo Over A Ten Commandments Display, Bruce Ledewitz
March 3, 2009: Holy Hullabaloo Over A Ten Commandments Display, Bruce Ledewitz
Hallowed Secularism
Blog post, “Holy Hullabaloo Over a Ten Commandments Display“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
March 1, 2009: Imagine The Court Being Helpful, Bruce Ledewitz
March 1, 2009: Imagine The Court Being Helpful, Bruce Ledewitz
Hallowed Secularism
Blog post, “Imagine the Court Being Helpful“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Religion, Constitutionalism, And Ethos, Neil Siegel
Religion, Constitutionalism, And Ethos, Neil Siegel
Schmooze 'tickets'
No abstract provided.
January 5, 2009: Kentucky Legislator Tom Riner And The Wall Of Separation, Bruce Ledewitz
January 5, 2009: Kentucky Legislator Tom Riner And The Wall Of Separation, Bruce Ledewitz
Hallowed Secularism
Blog post, “Kentucky Legislator Tom Riner and the Wall of Separation“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Running Cars, Constitutions And Metaphors Into The Ground, Mark A. Graber
Running Cars, Constitutions And Metaphors Into The Ground, Mark A. Graber
Faculty Scholarship
Professor Sanford Levinson frequently analogizes the Constitution of the United States to a vehicle that desperately needs repairs. “[R]elying on the present Constitution.” he writes, “is similar to driving a car with very bad brakes and slick tires.” Much commentary on Our Undemocratic Constitution implicitly challenges the automotive metaphor. The Constitution of the United States, supporters profess, is not really as bad as Levinson would have us believe. The following pages take a road less traveled. Ancient constitutional institutions in the United States are suffering from severe wear and tear. Nevertheless, decisions to drive a comparatively unsafe car are often …
Words "Which By Their Very Utterance Inflict Injury": Evolving Treatment Of Inherently Dangerous Speech In Free Speech Law And Theory, Rodney A. Smolla
Words "Which By Their Very Utterance Inflict Injury": Evolving Treatment Of Inherently Dangerous Speech In Free Speech Law And Theory, Rodney A. Smolla
Scholarly Articles
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