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Constitutional Law

Constitution

SelectedWorks

2005

Articles 1 - 2 of 2

Full-Text Articles in Entire DC Network

Federal Land Retention And The Constitution's Property Clause: The Original Understanding, Robert G. Natelson Jan 2005

Federal Land Retention And The Constitution's Property Clause: The Original Understanding, Robert G. Natelson

Robert G. Natelson

This article examines the original meaning of the Constitution's clauses authorizing federal land ownership. It finds that the power granted to Congress was broad enough to include land ownership for enumerated purposes, even without complying the procedures necessary for the creation of federal enclaves. But it finds that the power was not broad enough to include indefinite landholding for unenumerated purposes.


The Israeli Constitutional Revolution/Evolution, Models Of Constitutions, And A Lesson Frommistakes And Achievements, Yoseph M. Edrey Prof. Jan 2005

The Israeli Constitutional Revolution/Evolution, Models Of Constitutions, And A Lesson Frommistakes And Achievements, Yoseph M. Edrey Prof.

Yoseph M. Edrey

There are some fundamental preconditions entailed in the process of becoming a democratic state. The mere existence of a written document entitled "Constitution" is not enough; a society is entitled to be considered a democratic state by the international community only if its legal sys- tem contains two attributes-the recognition of basic human rights and the idea that basic human rights are protected by some type of judicial review performed by an independent court system. Further- more, it would be better if these basic human rights were enumerated in a written constitution. Nonetheless, based on the Social Contract concept, the …