Digital Commons Network^™

Our Nonuniform Constitution: Geographical Variations Of Constitutional Requirements In The Aid Of Community, Mark D. Rosen

Mark D. Rosen

This Article highlights an overlooked but integral aspect of American constitutional law: that some activities believed to be flatly unconstitutional are permissible in select locations. Contrary to what the Constitution has been construed to proscribe in most jurisdictions, for example, governments in some places in our country can ban political speeches by citizens, impose prior restraints with regard to petitions to government officials, and disallow defendants at risk of incarceration from having counsel. The Article brings together the case law that creates nonuniformity across geographical locations. It first explains the mechanics by which this "geographical constitutional nonuniformity" is generated and …

State Supported Speech, Steven J. Heyman

Steven J. Heyman

No abstract provided.

Book Review, Reflections On A Rose In Its Sixth Season: A Review Of H. Jefferson Powell’S The Moral Tradition Of American Constitutionalism, Randy Lee

Randy Lee

No abstract provided.

Globalism And The Constitution: Treaties, Non-Self-Execution, And The Original Understanding, John C. Yoo

John C Yoo

As the globalization of society and the economy accelerates, treaties will come to assume a significant role in the regulation of domestic affairs. This Article considers whether the Constitution, as originally understood, permits treaties to directly regulate the conduct of private parties without legislative implementation. It examines the relationship between the treaty power and the legislative power during the colonial, revolutionary, Framing, and early national periods to reconstruct the Framers’ understandings. It concludes that the Framers believed that treaties could not exercise domestic legislative power without the consent of Congress, because of the Constitution’s creation of a national legislature that …

Treaties And Public Lawmaking: A Textual And Structural Defense Of Non-Self-Execution, John C. Yoo

John C Yoo

This Rejoinder responds to Professors Flaherty and Vazquez by advancing textual and structural constitutional arguments in defense of the doctrine of non-self-executing treaties. It first responds by raising several historical and contextual problems with Professor Flaherty’s Response. It then argues that requiring congressional implementation of treaties that regulate matters within Congress’s Article I, Section 8 powers respects the Constitution’s basic separation of the legislative and executive powers. This approach also ensures that treaties, which are asserted to be free from the Constitution’s federalism and the separation of powers limitations, will not assume an unbounded legislative power, and it promotes the …

Clueless: The Misuse Of Batf Firearms Tracing Data, David B. Kopel

David B Kopel

Sometimes the Bureau of Alcohol, Tobacco and Firearms traces the registered sales history of a gun which was used in a crime, or which has been seized by the police. Traced guns are not representative of the broader universe of crime guns. Accordingly, drawing public policy conclusions based on tracing data is unwise.

Managed Health Care In Prisons As Cruel And Unusual Punishment, Ira P. Robbins

Ira P. Robbins