Digital Commons Network^™

Representative Self-Government And The Declaration Of Independence, Alexander Tsesis

Alexander Tsesis

Legal scholars typically treat the Declaration of Independence as a purely historical document, but as this article explains, the Declaration is relevant to legislative and judicial decisionmaking. After describing why this founding document contains legal significance, I examine two contemporary legal issues through the lens of the Declaration’s prescriptions.

Section 5 of the Fourteenth Amendment grants Congress the power to make laws that enforce the civil rights clauses in the amendment’s first four sections. In City of Boerne v. Flores and its progeny, however, the Supreme Court decided that it alone can identify fundamental rights and relegated Congress’s power under …

From Exceptionalism To Imperialism: Culture, Character, And American Foreign Policy, Meghan A. Burke, Lauren Langman

Meghan A. Burke

No abstract provided.

Kulturkampf In The Backwaters: Homosexuality And Immigration Law, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.