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Constitutional Law

Constitution

Institution
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Articles 1411 - 1440 of 1490

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1787: The Grand Convention, By Clinton Rossiter Mar 1967

1787: The Grand Convention, By Clinton Rossiter

Washington and Lee Law Review

No abstract provided.


The Constitutional Rights Of Privacy - "A Sizable Hunk Of Liberty", Frank R. Goldstein Jan 1966

The Constitutional Rights Of Privacy - "A Sizable Hunk Of Liberty", Frank R. Goldstein

Maryland Law Review

No abstract provided.


The Constitutional Right Of Association, Charles E. Rice Jan 1965

The Constitutional Right Of Association, Charles E. Rice

Journal Articles

No abstract provided.


The Powers Of The Michigan Civil Rights Commission, Roger C. Cramton Nov 1964

The Powers Of The Michigan Civil Rights Commission, Roger C. Cramton

Michigan Law Review

The thesis of this article is that the Attorney General has misread the language and actions of the constitution-makers. The Michigan Civil Rights Commission is an important and powerful agency of government which has substantial tasks to perform. But it does not possess the exclusive powers envisioned by the Attorney General. Other governmental units-the legislature, the executive, the courts, and the local governments-may continue to play a creative and positive role in fashioning a legal order that accords to every human being in society a reasonable opportunity to realize his potentialities.


Religion And American Constitutions, By Wilber G. Katz, Arthur E. Sutherland Oct 1964

Religion And American Constitutions, By Wilber G. Katz, Arthur E. Sutherland

Indiana Law Journal

No abstract provided.


Book Review, William W. Van Alstyne Jan 1964

Book Review, William W. Van Alstyne

Faculty Scholarship

This review of "The Supreme Court on Trial" by Charles Hyneman, questions why the work’s tackling the age-old issues of the source of judicial review and its constitutionality is particularly novel or unique from other such examinations. Issue is also taken with Brown v. Board of Educaion's dominance of such discussion and the book’s poor treatment of the desegregation cases.


Book Review, William W. Van Alstyne Jan 1963

Book Review, William W. Van Alstyne

Faculty Scholarship

This review champions the editor’s use of Mr. Justice Black’s own opinions in showcasing his emphasis of the emancipating aspects of the Constitution. This work cautions the reader to avoid relying on this compilation as an accurate depiction of the state of the law, especially considering that most of the included opinions are dissents.


Constitutional Uniformity And Equality In State Taxation, Wade J. Newhouse Jan 1959

Constitutional Uniformity And Equality In State Taxation, Wade J. Newhouse

Michigan Legal Studies Series

The method of approach and arrangement of materials are developed during the course of the monograph. Therefore, it is not necessary to repeat them here. The purpose of the study is twofold. First, it should provide background material for constitutional revision. Second, it should aid counsel and court in deciding cases arising under existing constitutional limitations and state legislatures in drafting tax measures in such a way that pitfalls in existing limitations are avoided. The greater part of this monograph was prepared during a two year period from June 1951 to 1953, while I was a Research Assistant with the ...


The Constitution, Civil Liberties And John Marshall Harlan, Florian Bartosic Jan 1958

The Constitution, Civil Liberties And John Marshall Harlan, Florian Bartosic

Kentucky Law Journal

No abstract provided.


Public Order Under Law: The Role Of The Advisor-Draftsman In The Formation Of Code Or Constitution (With Harold D. Lasswell), George H. Dession Jan 1955

Public Order Under Law: The Role Of The Advisor-Draftsman In The Formation Of Code Or Constitution (With Harold D. Lasswell), George H. Dession

Faculty Scholarship Series

PROBLEMS of special gravity face the lawyer who serves as advisor or draftsman to a constitutional convention or a legislative body. The consequences of his advice, if it is taken, will reverberate large and long; and in the performance of his advisory functions he must take account not only of these consequences but of special obstacles as well. It is our purpose here to examine certain aspects of the advisor-draftsman's role in the making of a constitution or a legal code: his professional relation to his client, the community's representative; the special tools of knowledge and language employed ...


The Citizen's Obligations Under The Constitution, W. Lewis Roberts Jan 1955

The Citizen's Obligations Under The Constitution, W. Lewis Roberts

Kentucky Law Journal

No abstract provided.


Congress, The Constitution And Crosskey, James A. Durham Apr 1954

Congress, The Constitution And Crosskey, James A. Durham

Indiana Law Journal

No abstract provided.


Declaratory Action The Next Step Beyond Equity, Edwin Borchard Jan 1946

Declaratory Action The Next Step Beyond Equity, Edwin Borchard

Faculty Scholarship Series

It is a commonplace that the equitable jurisdiction of the Court of Chancery owes its origin (a) to the inflexibility and rigidity of the common law; (b) to the inelasticity of the common law procedure; and (c) to the ineffectiveness or inadequacy of the remedies provided by the common law. It is not so well known that the same limitations, especially after the merger of law and equity, explain the necessity for relief from the restrictions of equity. Whereas it was intended that equity should be flexible, elastic, and effective in meeting all situations (thus, the Constitution of 1787 itself ...


The Lawyer, The Constitution And The Modern World, Joseph C. O'Mahoney Oct 1944

The Lawyer, The Constitution And The Modern World, Joseph C. O'Mahoney

Indiana Law Journal

No abstract provided.


Shall The Executive Agreement Replace The Treaty, Edwin Borchard Jan 1944

Shall The Executive Agreement Replace The Treaty, Edwin Borchard

Faculty Scholarship Series

In recent years many political leaders and publicists have sought to prove that the treaty-making process, requiring the "undemocratic." valid and desirable preferably without congressional approval or, by a majority of Congress. 1300 executive agreements have been concluded history, as contrasted 900 i8 that up to 1928 only 15 for good reasons; treaties have been amended by have benefited the nation.

BASES OF THE PROPOSALS FOR CHANGE

The recent proposals for a change in the Constitution, either with or without benefit of a constitutional amendment, have their origin in several grievances and are said to derive moral support from several ...


The Amending Of The Federal Constitution, Lester Bernhardt Orfield Jan 1942

The Amending Of The Federal Constitution, Lester Bernhardt Orfield

Michigan Legal Studies Series

MOST treatises on constitutional law dispose of the federal amending clause in summary fashion. The commentators have thought fit to stress chiefly the division of authority between the federal government and the states. They have attached a high degree of significance to the dogma of separation of powers. A great deal of attention has been devoted to the doctrines of judicial review, the supremacy of the Federal Constitution, and the Bill of Rights. The taxation and the commerce clauses have come in for their full share of consideration. In recent years extensive studies have been made of the due process ...


A Lawyer Looks At Liberty, Clarence E. Manion Oct 1940

A Lawyer Looks At Liberty, Clarence E. Manion

Indiana Law Journal

No abstract provided.


Democracy And Constitutional Government, John J. Parker Oct 1938

Democracy And Constitutional Government, John J. Parker

Indiana Law Journal

Address of Hon. John J. Parker, Judge of the United States Circuit Court of Appeals, Fourth Circuit, at the Annual Meeting of the Indiana State Bar Association, Sept. 16, 1938.


The Constitution And Constitutional Tradition, Charles S. Collier Jan 1938

The Constitution And Constitutional Tradition, Charles S. Collier

Kentucky Law Journal

No abstract provided.


Constitutional Law--Amendments--Validity Of Ratification By A State Which Had Previously Rejected, Steve White Jan 1938

Constitutional Law--Amendments--Validity Of Ratification By A State Which Had Previously Rejected, Steve White

Kentucky Law Journal

No abstract provided.


Extent To Which Rights Secured By The First Eight Amendments To The Federal Constitution Are Protected Against State Action By The Fourteenth Amendment Jan 1938

Extent To Which Rights Secured By The First Eight Amendments To The Federal Constitution Are Protected Against State Action By The Fourteenth Amendment

Maryland Law Review

No abstract provided.


The Supreme Court, The Constitution, And The A.A.A., Robert L. Howard Jan 1937

The Supreme Court, The Constitution, And The A.A.A., Robert L. Howard

Kentucky Law Journal

No abstract provided.


The Ninth Amendment Of The Federal Constitution, Knowlton H. Kelsey Apr 1936

The Ninth Amendment Of The Federal Constitution, Knowlton H. Kelsey

Indiana Law Journal

No abstract provided.


United States Vs. Butler Et Al., Receivers Of Hoosac Mills Corporation, Ernest R. Baltzell Feb 1936

United States Vs. Butler Et Al., Receivers Of Hoosac Mills Corporation, Ernest R. Baltzell

Indiana Law Journal

No abstract provided.


Justiciability, Edwin Borchard Jan 1936

Justiciability, Edwin Borchard

Faculty Scholarship Series

It might be supposed that justiciability, the very foundation of the judicial function, would be a matter on which courts could hardly differ. Yet there seems to be the greatest confusion among the courts as to when an issue is and is not susceptible of judicial decision. This is largely due to a devotion to phrases and symbols which make historical investigation and theoretical analysis seem an unnecessary encroachment on the judicial prerogative. The very system of stare decisis invites courts to relieve themselves of the necessity of thinking through again ostensible propositions which seem to have once received the ...


What Constitution Are We Talking About?, Hugh S. Johnson Oct 1935

What Constitution Are We Talking About?, Hugh S. Johnson

Indiana Law Journal

Address by Gen. Hugh S. Johnson, former head of the NRA, delivered before the Indiana State Bar Association, September 6, 1935.


"What Constitution Are You Talking About?", William L. Ransom Oct 1935

"What Constitution Are You Talking About?", William L. Ransom

Indiana Law Journal

Remarks of William L. Ransom, president of the American Bar Association, at the annual luncheon of the Indiana Bar Association, on September 7, 1935.


The Doctrine Of The Amendability Of The United States Constitution, Hugh Evander Willis May 1932

The Doctrine Of The Amendability Of The United States Constitution, Hugh Evander Willis

Indiana Law Journal

No abstract provided.


Judicially Non-Enforcible Provisions Of Constitutions, Walter F. Dodd Jan 1931

Judicially Non-Enforcible Provisions Of Constitutions, Walter F. Dodd

Faculty Scholarship Series

In the constitutional law of the United States there is a natural tendency
to emphasize the judicial enforcibility of constitutional restrictions upon
legislative action. This field of our law tends thus to give primary weight
to a technical analysis of judicial decisions, at the expense of a consideration
of the wisdom and expediency of legislative and executive action.
Moreover, it largely overlooks a relatively large field of constitutional regulation
not supplemented by judicial enforcibility. We often compare to our
advantage the system of judicially enforcible constitutions with that of
many other countries in which written constitutions are not judicially enforcible ...


Extra-Constitutional Limitations Upon Legislative Power, Walter F. Dodd Jan 1931

Extra-Constitutional Limitations Upon Legislative Power, Walter F. Dodd

Faculty Scholarship Series

THE appearance of Professor Haines' volume on The Revival of
Natural Law Concepts and the recent decision of the Supreme
Court of Oklahoma in Thomas v. Reid, present anew the issue
whether state legislatures are limited in their powers by restrictions
not found in the text of written constitutions. In the case
of Thomas v. Reid the court held invalid a legislative act requiring
a vote of sixty per cent of the qualified voters to authorize
the sale of a municipally-owned public utility, saying that majority
rule is one of the foundation stones of our government
and that the legislature ...