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Articles 1 - 7 of 7
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The Declaration Of Independence In Constitutional Interpretation: A Selective History And Analysis, Charles H. Cosgrove
The Declaration Of Independence In Constitutional Interpretation: A Selective History And Analysis, Charles H. Cosgrove
University of Richmond Law Review
In 1845, antislavery constitutionalist Lysander Spooner argued that the Declaration of Independence was originally a legal constitution with a direct bearing on how one ought to interpret the status of slavery under the Constitution of 1787. In 1889, the congressional act establishing the states of North Dakota, South Dakota, Montana, and Washington required that their state constitutions "not be repugnant to the Constitution of the United States and the Declaration of Independence," as if the two documents were of a piece. In 1995, attorney Christopher Darden argued to the jury in the O.J. Simpson criminal trial that slain victims Nicole …
Annual Survey Of Virginia Law: Constitutional Law, Mark J. Yeager
Annual Survey Of Virginia Law: Constitutional Law, Mark J. Yeager
University of Richmond Law Review
On February 27, 1998, the Supreme Court of Virginia rendered its decision in Town of Madison v. Ford. The court invalidated a town zoning ordinance which had been enacted in 1972. This extreme result was due to an insufficiency in the town council's minutes at the meeting when the ordinance in question was enacted. The minutes did not state the names of all the members present nor how they voted. The court, therefore, found that the ordinance was enacted in derogation of the provisions of article VII, section 7 of the Constitution of Virginia ("section 7").
The Constitutionality Of Censure, Michael J. Gerhardt
The Constitutionality Of Censure, Michael J. Gerhardt
University of Richmond Law Review
It has become commonplace for commentators to suggest that, in the aftermath of the Senate's acquittal of President William Jefferson Clinton, there have been only losers and no real winners. Whether this is true generally is a difficult question to which I will not hazard an answer. It is beyond question, however, that one device that lost ground as a result of the storm of impeachment was censure. That censure has taken a severe beating is unfortunate because so much of the beating was based on misguided interpretations of, or arguments about, the Constitution.
"The Federal Courts": Constituting And Changing The Topic, Judith Resnik
"The Federal Courts": Constituting And Changing The Topic, Judith Resnik
University of Richmond Law Review
I am honored to write the foreword to this issue of the University of Richmond Law Review dedicated to "The Federal Courts." The editors have asked me to address the question of the role of the federal judiciary today. No issue is more pressing within federal judicial circles. The Congress has, in the last few years, enacted several jurisdictional statutes, some that expand' and others that limit the authority of the federal courts, thereby raising questions about congressional powers over federal jurisdiction. The shape of the appellate structure of the federal courts is now under review pursuant to the congressionally-chartered …
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
The Status Of Constitutional Religious Liberty At The End Of The Millennium, Kurt T. Lash
The Status Of Constitutional Religious Liberty At The End Of The Millennium, Kurt T. Lash
Law Faculty Publications
I have the privilege of introducing the 1998 Bums Lecture Symposium- Religious Liberty in the Next Millennium: Should We Amend the Religion Clauses of the United States Constitution? My role in this Symposium is to acquaint you with the religion clauses of the Constitution- where they came from- where they've been- and where they seem to be today. Our Symposium contributors, Professors Kent Greenawalt and Robert George will discuss just where they think the religion clauses should go in the future.
Power And The Subject Of Religion, Kurt T. Lash
Power And The Subject Of Religion, Kurt T. Lash
Law Faculty Publications
Under the First Amendment, "Congress shall make no laws respecting an establishment of religion or prohibiting the free exercise thereof." Nevertheless, congressional actors have on occasion enacted laws that expressly make religion the subject of legislation. Many scholars justify these laws on the grounds that Congress at the time of the Founding had an implied power to legislate on religion if necessary and proper to an enumerated end.
Professor Lash argues that the "implied power" theory cannot withstand historical scrutiny. Whatever "implied power" arguments may have emanated from the original Constitution, those arguments were foreclosed by the adoption of the …