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The Enduring Constitution Of The People And The Protection Of Individual Rights, Robert A. Sedler Nov 1987

The Enduring Constitution Of The People And The Protection Of Individual Rights, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.


In Defense Of The Constitution's Judicial Impeachment Standard, Melissa H. Maxman Nov 1987

In Defense Of The Constitution's Judicial Impeachment Standard, Melissa H. Maxman

Michigan Law Review

This Note explores the traditional interpretation of the Constitution's impeachment provisions in light of the demands of Judges Claiborne's, Nixon's, and Hastings' cases. Part I describes the signals indicating analytical shortcomings, and thus the need for reexamination of the provisions as currently construed. It shows that the troubling results of the recent standard allowing criminal prosecution before impeachment are apparent to both the courts and the Congress. Part II analyzes the meaning and purpose of the constitutional language, and the recent policy challenges to it. This part shows that, in fact, the impeachment provisions were carefully chosen ...


Bodily Intrusion In Search Of Evidence: A Study In Fourth Amendment Decisionmaking, Michael G. Rogers Oct 1987

Bodily Intrusion In Search Of Evidence: A Study In Fourth Amendment Decisionmaking, Michael G. Rogers

Indiana Law Journal

No abstract provided.


Liquor Price Affirmation Statutes And The Dormant Commerce Clause, Ward A. Greenberg Oct 1987

Liquor Price Affirmation Statutes And The Dormant Commerce Clause, Ward A. Greenberg

Michigan Law Review

Part I of this Note examines the current state of the law in the liquor affirmation area. Part II argues that the twenty-first amendment may not be invoked to justify the extraterritorial impact of these statutes. The amendment does not preempt the commerce clause in the liquor area. While it gives the states free rein over liquor internally, it provides no basis for any extraterritorial projection of liquor price regulation. Part III considers the commerce clause analysis of Brown-Forman and argues that any interstate effects of these statutes will cause them to violate the commerce clause. This section argues that ...


Disorder In The Court: The Death Penalty And The Constitution, Robert A. Burt Aug 1987

Disorder In The Court: The Death Penalty And The Constitution, Robert A. Burt

Michigan Law Review

This article has two purposes. Its first aim is to trace the significance of these shifting characterizations of American society in the Justices' successive approaches to the death penalty by retelling the story of the Court's capital punishment jurisprudence. Its second purpose is to suggest that belief in implacable social hostility destroys the coherence of the judicial role in constitutional adjudication. America may indeed be an irreconcilably polarized society; I cannot dispositively prove or disprove the proposition. I mean only to claim that in constitutional adjudication a judge is obliged to act as if this proposition were false; and ...


Rational Basis With Bite: Intermediate Scrutiny By Any Other Name, Gayle Lynn Pettinga Jul 1987

Rational Basis With Bite: Intermediate Scrutiny By Any Other Name, Gayle Lynn Pettinga

Indiana Law Journal

No abstract provided.


Toleration And The Constitution, Judith L. Hudson May 1987

Toleration And The Constitution, Judith L. Hudson

Michigan Law Review

A Review of Toleration and the Constitution by David A.J. Richards


The American Constitution: A Double Life, Lawrence M. Friedman Apr 1987

The American Constitution: A Double Life, Lawrence M. Friedman

University of Arkansas at Little Rock Law Review

No abstract provided.


Why The Reagan Administration Resists Radical Transformation Of The Constitution, Gary C. Leedes Apr 1987

Why The Reagan Administration Resists Radical Transformation Of The Constitution, Gary C. Leedes

University of Arkansas at Little Rock Law Review

No abstract provided.


Striking Down The Clergyman-Communicant Privilege Statutes: Let Free Exercise Of Religion Govern, Jane E. Mayes Apr 1987

Striking Down The Clergyman-Communicant Privilege Statutes: Let Free Exercise Of Religion Govern, Jane E. Mayes

Indiana Law Journal

No abstract provided.


Securing Justice: A Response To William Bradford Reynolds, Michael A. Middleton Jan 1987

Securing Justice: A Response To William Bradford Reynolds, Michael A. Middleton

Faculty Publications

I doubt that William Bradford Reynolds would disagree that the self evident truths the Framers of the Declaration of Independence spoke about are as applicable today in the 1980's as they were over 200 years ago. I also doubt that Mr. Reynolds would disagree that despite the fact that black people were not considered human beings when the Constitution was framed, the fourteenth amendment to that great document was intended to bring them within the ambit of its protections. On these two basic propositions, I suspect, Mr. Reynolds and I would agree. Beyond that however, Mr. Reynolds advances a ...


The Privileges And Immunities Clause Of Article Iv, David S. Bogen Jan 1987

The Privileges And Immunities Clause Of Article Iv, David S. Bogen

Faculty Scholarship

No abstract provided.


Evolving Constitutional Concepts Of Privacy, Roger J. Miner '56 Jan 1987

Evolving Constitutional Concepts Of Privacy, Roger J. Miner '56

Constitutional Law

No abstract provided.


Preemptive Strikes On State Autonomy: The Role Of Congress, Roger J. Miner '56 Jan 1987

Preemptive Strikes On State Autonomy: The Role Of Congress, Roger J. Miner '56

Federal Court System and Administration

No abstract provided.


Have The Federal Courts Functioned As The Framers Intended?, Roger J. Miner '56 Jan 1987

Have The Federal Courts Functioned As The Framers Intended?, Roger J. Miner '56

Federal Court System and Administration

No abstract provided.


The Federal Courts: Have They Functioned As The Framers Intended?, Roger J. Miner '56 Jan 1987

The Federal Courts: Have They Functioned As The Framers Intended?, Roger J. Miner '56

Federal Court System and Administration

No abstract provided.


The Profound Impact Of Milliken V. Bradley, Robert A. Sedler Jan 1987

The Profound Impact Of Milliken V. Bradley, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.


Law And The Experience Of Politics In Late Eighteenth-Century North Carolina: North Carolina Considers The Constitution, Walter F. Pratt Jan 1987

Law And The Experience Of Politics In Late Eighteenth-Century North Carolina: North Carolina Considers The Constitution, Walter F. Pratt

Journal Articles

In 1788, delegates assembled in North Carolina to decide whether to ratify the Constitution. A debate erupted between Federalists and Anti-federalists regarding each Article of the then-drafted Constitution. This Article analyzes the debate, and proposes that the key difference was the function of the role of the law.


Foreword: On Jaffa, Lincoln, Marshall, And Original Intent, Lewis E. Lehrman Jan 1987

Foreword: On Jaffa, Lincoln, Marshall, And Original Intent, Lewis E. Lehrman

Seattle University Law Review

This Foreword introduces the article to follow written by Harry V. Jaffa, scholar of Abraham Lincoln’s political philosophy. The Foreward provides background material necessary to contextualize the ongoing debate surrounding constitutional interpretation emphasizing original intent addressed in Jaffa's article.


Professor Harry V. Jaffa Divides The House: A Respectful Protest And A Defense Brief, Robert L. Stone Jan 1987

Professor Harry V. Jaffa Divides The House: A Respectful Protest And A Defense Brief, Robert L. Stone

Seattle University Law Review

This Article replies to Professor’ Jaffa’s article, “What Were the ‘Original Intentions’ of the Framers of the Constitution of the United States?,” and book, The Crisis of the House Divided. The Article argues that Professor Jaffa’s method throughout his indictment of legal scholars has three flaws. First, the Article argues that Professor Jaffa takes statements of sensible political compromises-such as support for judicial restraint, British traditions, and local self-government-and treats them as if they were philosophical statements. Second, the author contends that Professor Jaffa assembles a composite indictment, which in law is appropriately applied only to an indictment ...


Constructing A Constitution: 'Orginal Intention' In The Slave Cases, James Boyd White Jan 1987

Constructing A Constitution: 'Orginal Intention' In The Slave Cases, James Boyd White

Other Publications

The question how our Constitution is to be interpreted is a living one for us today, both in the scholarly and in the political domains. Professors argue about "interpretivism" and "originalism" in law journals, they study hermeneutics and deconstruction to determine whether or not interpretation is possible at all, and if so on what premises, and they struggle to create theories that will tell us both what we do in fact and what we ought to do. Politicians and public figures (including Attorney General Edwin Meese) talk in the newspapers and elsewhere about the authority of the "original intention of ...


Population Changes And Constitutional Amendments: Federalism Versus Democracy, Peter Suber Jan 1987

Population Changes And Constitutional Amendments: Federalism Versus Democracy, Peter Suber

University of Michigan Journal of Law Reform

To amend the federal Constitution, we need the assent of two-thirds of each house of Congress and three-fourths of the states. This Article focuses on the three-fourths requirement for the states. This threshold is particularly high, and it suggests that constitutional amendment is very difficult. In fact, amendment is difficult in different degrees for different constituencies, depending not on their numbers but on where they live.


Terrorism And The Constitution, Christopher L. Blakesley Jan 1987

Terrorism And The Constitution, Christopher L. Blakesley

Scholarly Works

How do terrorism and the Iran-Contra hearings relate to the Constitution? My thesis is that there is a tendency for the executive of this or any nation to eschew even constitutionally mandated avenues of problem solving considered to be cumbersome, inefficient, or inimical to the executive’s vision of the national interest in foreign affairs. There is also a tendency to consider one’s own conduct and the conduct of one’s allies and friends to be justified when it is directed at goals deemed by the executive branch to be good. Constitutional provisions based on the checks and balances ...


Drugs And Small Arms: Can Law Stop The Traffic?, Christopher L. Blakesley Jan 1987

Drugs And Small Arms: Can Law Stop The Traffic?, Christopher L. Blakesley

Scholarly Works

Professor Blakesley presides over this panel discussion on laws combating the illegal importation of drugs and small arms, and their implications for international and domestic law.


U.S. Supreme Court: The 1986-87 Term (Part Ii), Paul C. Giannelli Jan 1987

U.S. Supreme Court: The 1986-87 Term (Part Ii), Paul C. Giannelli

Faculty Publications

No abstract provided.


The Illinois Bill Of Rights And Our Independent Legal Tradition: A Critique Of The Illinois Lockstep Doctrine, Thomas B. Mcaffee Jan 1987

The Illinois Bill Of Rights And Our Independent Legal Tradition: A Critique Of The Illinois Lockstep Doctrine, Thomas B. Mcaffee

Scholarly Works

Illinois’ highest court continues to follow the rule that courts of this state are strictly bound by Supreme Court decisions construing provisions that are substantially identical to provisions found in the Illinois Constitution. Increasingly, however, this rule has been challenged by dissenting justices who contend that it is contrary to the state’s independent legal tradition and rests upon an accurate view of the relationship between federal and state courts and their respective constitutions. These justices contend that the court may give independent attention to the provisions of the Illinois Constitution and need not slavishly adhere to decisions of the ...


What Were The "Original Intentions" Of The Framers Of The Constitution Of The United States?, Harry V. Jaffa Jan 1987

What Were The "Original Intentions" Of The Framers Of The Constitution Of The United States?, Harry V. Jaffa

Seattle University Law Review

This Article explains how the doctrine of original intent might be defended as the basis for interpreting the Constitution. The deepest political differences in American history have always been differences concerning the meaning of the Constitution, whether as originally intended, or as amended. Since the Civil War, the debate has often taken the form of a dispute over whether or not the Civil War amendments, notably the fourteenth, have changed the way in which the whole Constitution, and not only the amended parts, is read or interpreted. It is not possible to even discuss how or whether the Civil War ...


Judicial Conscience And Natural Rights: A Reply To Professor Jaffa, Bruce Ledewitz Jan 1987

Judicial Conscience And Natural Rights: A Reply To Professor Jaffa, Bruce Ledewitz

Seattle University Law Review

This Article replies to Professor Harry V. Jaffa’s article “What Were the ‘Original Intentions’ of the Framers of the Constitution of the United States?” The Article focuses on the gap the author argues Professor Jaffa left between the consciousness of the Framers and the practice of judicial review today. The author argues that the understanding that Professor Jaffa brings to the intent of the Framers is one that opens up the Constitution to the call of justice, but the author critiques the utility of Professor Jaffa’s work in resolving the contentious constitutional issues of today, including abortion and ...


Seven Questions For Professor Jaffa, George Anastaplo Jan 1987

Seven Questions For Professor Jaffa, George Anastaplo

Seattle University Law Review

This Article poses questions inspired by the four essays collected in Professor Harry V. Jaffa’s article “What Were the ‘Original Intentions’ of the Framers of the Constitution of the United States?” The Article offers, in addition to fresh reflections upon these questions, three appendices, which bear upon various matters touched upon by Professor Jaffa. These appendices include, “The Founders of Our Founders: Jerusalem, Athens, and the American Constitution,” “The Ambiguity of Justice in Plato’s Republic,” and “Private Rights and Public Law: The Founders’ Perspective.” The Epilogue provides informed observations of a scholar who comments on the differences between ...


U.S. Supreme Court: The 1986-87 Term (Part I), Paul C. Giannelli Jan 1987

U.S. Supreme Court: The 1986-87 Term (Part I), Paul C. Giannelli

Faculty Publications

No abstract provided.