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Redeeming And Living With Evil, Mark A. Graber May 2012

Redeeming And Living With Evil, Mark A. Graber

Mark Graber

Jack Balkin’s Constitutional Redemption and Sandy Levinson’s Constitutional Faith understand the problem of constitutional evil quite differently than Dred Scott and the Problem of Constitutional Evil. Balkin and Levinson regard constitutional redemption and faith as rooted in the possibility that Americans will eventually defeat evil. Constitutional Evil takes the far more pessimistic view that evil will never be defeated. Constitutional faith and redemption in our permanently fallen state is rooted in the possibility that Americans will find ways of living with each other peaceably knowing that the price of union is the continual obligation to make what the ...


Tying The Knot: Determining The Legality Of Same-Sex Marriage And The Courts’ Responsibilities In Defining The Right, Eva Cerreta May 2012

Tying The Knot: Determining The Legality Of Same-Sex Marriage And The Courts’ Responsibilities In Defining The Right, Eva Cerreta

Honors Scholar Theses

Ambiguous terms and phrases in the United States Bill of Rights have caused a great deal of controversy throughout United States history over what rights truly exist and which branch of government should be responsible for determining those rights. These questions are currently being debated in states throughout the country concerning the right to same-sex marriage. This thesis answers these questions of legality and responsibility concerning the right to same-sex marriage. The thesis uses case law of the doctrinal development of the Equal Protection Clause and the right to privacy to suggest that the Equal Protection Clause provides the soundest ...


Political Theory In Institutional Context: The Case Of Patriot Royalism, John Compton, Karen Orren Jan 2012

Political Theory In Institutional Context: The Case Of Patriot Royalism, John Compton, Karen Orren

Political Science Faculty Articles and Research

In the aftermath of the Stamp Act, prominent American thinkers of otherwise unquestioned Whiggish affiliation adopted an expansive view of the king’s prerogative powers while simultaneously denying Parliament’s authority to interfere in the internal governance of the colonies. Scholars have generally attributed this stance, known as “patriot royalism,” to political necessity: with no other means of disputing Parliament’s oppressive actions, desperate pamphleteers sought to revive the discredited constitutional ideas of the Stuarts. In contrast, we argue that this position was deeply rooted in the institutional context of colonial governance. More specifically, we show that revolutionary Americans directly ...


The Switch In Time That Saved Nine: A Study Of Justice Owen Roberts's Vote In West Coast Hotel Co. V. Parrish, Brian T. Goldman Jan 2012

The Switch In Time That Saved Nine: A Study Of Justice Owen Roberts's Vote In West Coast Hotel Co. V. Parrish, Brian T. Goldman

CUREJ - College Undergraduate Research Electronic Journal

During President Roosevelt's first term in office (1932-1936) the Supreme Court ruled several landmark New Deal measures unconstitutional; a handful of these decisions were by 5-4 margins. It all changed in 1937, when swing Justice Owen Roberts voted to affirm a minimum wage statute in West Coast Hotel Co. v. Parrish; a year earlier he had voted against minimum wage legislation in a similar case.

This "switch in time that saved nine" has no established consensus that explains its occurrence. Some have posited that President Roosevelt's "court packing" legislation forced Roberts's hand, while other have argued that ...