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Constitutional Law

Selected Works

2014

Constitutional history

Articles 1 - 5 of 5

Full-Text Articles in Entire DC Network

Constitutionalism In Zambia: Past, Present And Future, Muna Ndulo, Robert B. Kent Dec 2014

Constitutionalism In Zambia: Past, Present And Future, Muna Ndulo, Robert B. Kent

Muna B Ndulo

No abstract provided.


The Founders’ Origination Clause (And Implications For The Affordable Care Act), Prof. Robert G. Natelson Aug 2014

The Founders’ Origination Clause (And Implications For The Affordable Care Act), Prof. Robert G. Natelson

Robert G. Natelson

This Article is the first comprehensive examination of the original legal force of the Constitution’s Origination Clause, drawing not merely on the records of the 1787-90 constitutional debates, but on founding-era British and American legislative practice and other sources. This Article defines the bills governed by the Origination Clause, the precise meaning of the House origination requirement, and the extent of the Senate’s amendment power. For illustrative purposes, the Article tests against its findings the currently-litigated claim that the financial penalty for failure to acquire individual health insurance under the Patient Protection and Affordable Care Act is invalid as a …


Epilogue: Some Sober Second Thoughts, Christopher Hoebeke Dec 2013

Epilogue: Some Sober Second Thoughts, Christopher Hoebeke

Christopher H Hoebeke

No abstract provided.


The Paradox Of Popular Sovereignty: An Introductory Essay, Christopher Hoebeke Dec 2013

The Paradox Of Popular Sovereignty: An Introductory Essay, Christopher Hoebeke

Christopher H Hoebeke

No abstract provided.


The Interpretation Of Constitutional History, Or Charles Beard Becomes A Fortuneteller (With An Emphasis On Free Expression), Stephen M. Feldman Dec 2013

The Interpretation Of Constitutional History, Or Charles Beard Becomes A Fortuneteller (With An Emphasis On Free Expression), Stephen M. Feldman

Stephen M. Feldman

In "An Economic Interpretation of the Constitution of the United States", Charles A. Beard argued that the framers advocated for and defended the Constitution because of their personal economic interest, that the pursuit of common good was not so much a motive as a veneer. The current historical consensus is that Beard's thrust is incorrect. In this essay, I largely agree with this assessment, but his economic approach can add an important element to the discussion of constitutional history. And though his economic depiction does not closely fit the framing of the Constitution, it uncannily fits the Roberts Court's current …