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Faculty Scholarship

Duke Law

2003

Constitutional law

Articles 1 - 6 of 6

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Entrenchment Of Ordinary Legislation: A Reply To Professors Posner And Vermeule, Erwin Chemerinsky Jan 2003

Entrenchment Of Ordinary Legislation: A Reply To Professors Posner And Vermeule, Erwin Chemerinsky

Faculty Scholarship

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Understanding The Rehnquist Court: An Admiring Reply To Professor Merril, Erwin Chemerinsky Jan 2003

Understanding The Rehnquist Court: An Admiring Reply To Professor Merril, Erwin Chemerinsky

Faculty Scholarship

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International Delegations, The Structural Constitution, And Non-Self-Execution, Curtis A. Bradley Jan 2003

International Delegations, The Structural Constitution, And Non-Self-Execution, Curtis A. Bradley

Faculty Scholarship

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Constitutional Borrowing And Nonborrowing, Lee Epstein, Jack Knight Jan 2003

Constitutional Borrowing And Nonborrowing, Lee Epstein, Jack Knight

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The Parsonage Exemption Violates The Establishment Clause And Should Be Declared Unconstitutional, Erwin Chemerinsky Jan 2003

The Parsonage Exemption Violates The Establishment Clause And Should Be Declared Unconstitutional, Erwin Chemerinsky

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Constitutional Existence Conditions And Judicial Review, Matthew D. Adler, Michael C. Dorf Jan 2003

Constitutional Existence Conditions And Judicial Review, Matthew D. Adler, Michael C. Dorf

Faculty Scholarship

Although critics of judicial review sometimes call for making the entire Constitution nonjusticiable, many familiar norms of constitutional law state what we call "existence conditions" that are necessarily enforced by judicial actors charged with the responsibility of applying, and thus as a preliminary step, identifying, propositions of sub-constitutional law such as statutes. Article I, Section 7, which sets forth the procedures by which a bill becomes a law, is an example: a putative law that did not go through the Article I, Section 7 process and does not satisfy an alternative test for legal validity (such as the treaty-making provision …

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