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Maintaining The Balance Of Power: A Typology Of Primacy Clauses In Federal Systems, Brady Harman
Maintaining The Balance Of Power: A Typology Of Primacy Clauses In Federal Systems, Brady Harman
Indiana Journal of Global Legal Studies
Constitutional design has become a novel and globalized legal profession. As such, practitioners in this new field-advisers and consultants of constitutional formation and reformation processesrequire practical and comparative tools to ply their trade. This Note attempts to fill a gap in constitutional design literature and provide such a tool by methodically examining "primacy clauses." By determining whether national or provincial law prevails when the two are in conflict, primacy clauses play an important role in maintaining federal balances of power. Three primacy approaches are found among the world's federal constitutions: national primacy, provincial primacy, and conditional primacy. This Note explores …
Regan V. Wald, The Supreme Court Defers To Presidential Authority In Matters Of Foreign Policy By Upholding Travel Restrictions To Cuba, Thomas M. Mashburn
Regan V. Wald, The Supreme Court Defers To Presidential Authority In Matters Of Foreign Policy By Upholding Travel Restrictions To Cuba, Thomas M. Mashburn
Georgia Journal of International & Comparative Law
No abstract provided.
The Originalist Case Against Congressional Supermajority Voting Rules, Dan T. Coenen
The Originalist Case Against Congressional Supermajority Voting Rules, Dan T. Coenen
Scholarly Works
Controversy over the Senate’s filibuster practice dominates modern discussion of American legislative government. With increasing frequency, commentators have urged that the upper chamber’s requirement of sixty votes to close debate on pending matters violates a majority-rulebased norm of constitutional law. Proponents of this view, however, tend to gloss over a more basic question: Does the Constitution’s Rules of Proceedings Clause permit the houses of Congress to adopt internal parliamentary requirements under which a bill is deemed “passed” only if it receives supermajority support? This question is important. Indeed, the House already has such a rule in place, and any challenge …
European Governance: Executive And Administrative Powers Under The New Constitutional Settlement, Paul Craig
European Governance: Executive And Administrative Powers Under The New Constitutional Settlement, Paul Craig
Articles by Maurer Faculty
No abstract provided.
The Supreme Court And The Decline Of State Power, Roger C. Cramton
The Supreme Court And The Decline Of State Power, Roger C. Cramton
Cornell Law Faculty Publications
No abstract provided.