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Articles 1 - 17 of 17
Full-Text Articles in Entire DC Network
Taking Care With Text: "The Laws" Of The Take Care Clause Do Not Include The Constitution, And There Is No Autonomous Presidential Power Of Constitutional Interpretation, George Mader
Faculty Scholarship
“Departmentalism” posits that each branch of the federal government has an independent power of constitutional interpretation—all branches share the power and need not defer to one another in the exercise of their interpretive powers. As regards the Executive Branch, the textual basis for this interpretive autonomy is that the Take Care Clause requires the President to “take Care that the Laws be faithfully executed” and the Supremacy Clause includes the Constitution in “the supreme Law of the Land.” Therefore, the President is to execute the Constitution as a law. Or so the common argument goes. The presidential oath to “execute …
What Little I Know, Nancy Bellhouse May
What Little I Know, Nancy Bellhouse May
The Journal of Appellate Practice and Process
No abstract provided.
Preventing Presidential Disability Within The Existing Framework Of The Twenty-Fifth Amendment, Ryan T. Harding
Preventing Presidential Disability Within The Existing Framework Of The Twenty-Fifth Amendment, Ryan T. Harding
University of Arkansas at Little Rock Law Review
No abstract provided.
Constitutional Law—Why Amending The Consitution To Overrule Citizens United Is The Wrong Way To Fix Campaign Finance In The United States, Zachary Hale
University of Arkansas at Little Rock Law Review
No abstract provided.
Narratives Of Self-Government In Making The Case, Benjamin L. Berger
Narratives Of Self-Government In Making The Case, Benjamin L. Berger
The Journal of Appellate Practice and Process
No abstract provided.
Original Intent: Understanding The Supreme Court's Original Jurisdiction In Controversies Between States, Kristen A. Linsley
Original Intent: Understanding The Supreme Court's Original Jurisdiction In Controversies Between States, Kristen A. Linsley
The Journal of Appellate Practice and Process
No abstract provided.
Generation Gaps And Ties That Bind: Constitutional Commitments And The Framers' Bequest Of Unamendable Provisions, George Mader
Generation Gaps And Ties That Bind: Constitutional Commitments And The Framers' Bequest Of Unamendable Provisions, George Mader
Faculty Scholarship
“We the People.” That phrase conjures a vision of present-day U.S. citizens taking part of a continuous enterprise of constitutional development, each succeeding generation stepping into the shoes of those who framed and ratified the Constitution and, as the new performer in the role of “We the People,” reinterpreting a centuries-old role. Like those who created the role, we have power to modify the Constitution. But is each succeeding generation really allowed the same creative and expressive power to alter the role, to amend the Constitution?
The subject of this Article, in general, is the relationship between “We the People,” …
Appellate Remedy: The Ancient Precedents Of A Modern Right, Peter S. Poland
Appellate Remedy: The Ancient Precedents Of A Modern Right, Peter S. Poland
The Journal of Appellate Practice and Process
No abstract provided.
Binding Authority: Unamendability In The United States Constitution–A Textual And Historical Analysis, George Mader
Binding Authority: Unamendability In The United States Constitution–A Textual And Historical Analysis, George Mader
Faculty Scholarship
We think of constitutional provisions as having contingent permanence—they are effective today and, barring amendment, tomorrow and the day after and so on until superseded by amendment. Once superseded, a provision is void. But are there exceptions to this default state of contingent permanence? Are there any provisions in the current United States Constitution that cannot be superseded by amendment—that are unamendable? And could a future amendment make itself or some portion of the existing Constitution unamendable?
Commentators investigating limits on constitutional amendment frequently focus on limits imposed by natural law, the democratic underpinnings of our nation, or some other …
Bias In Disguise: The Constitutional Problems Of Arkansas’S Intrastate Commerce Improvement Act, John M. A. Dipippa
Bias In Disguise: The Constitutional Problems Of Arkansas’S Intrastate Commerce Improvement Act, John M. A. Dipippa
University of Arkansas at Little Rock Law Review
No abstract provided.
Comparative Law And International Human Rights Law: Non-Retroactivity And Lex Certa In Criminal Law, Kenneth S. Gallant
Comparative Law And International Human Rights Law: Non-Retroactivity And Lex Certa In Criminal Law, Kenneth S. Gallant
Faculty Scholarship
No abstract provided.
Who We Are, Nancy Bellhouse May
Who We Are, Nancy Bellhouse May
The Journal of Appellate Practice and Process
No abstract provided.
International Human Rights Standards In International Organizations: The Case Of International Criminal Courts, Kenneth S. Gallant
International Human Rights Standards In International Organizations: The Case Of International Criminal Courts, Kenneth S. Gallant
Faculty Scholarship
No abstract provided.
The American Constitution: A Double Life, Lawrence M. Friedman
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
Why The Reagan Administration Resists Radical Transformation Of The Constitution, Gary C. Leedes
University of Arkansas at Little Rock Law Review
No abstract provided.
Exclusionary Land Use Controls And The Takings Issue, Robert R. Wright
Exclusionary Land Use Controls And The Takings Issue, Robert R. Wright
Faculty Scholarship
No abstract provided.
Government By Judiciary, Philip B. Kurland
Government By Judiciary, Philip B. Kurland
University of Arkansas at Little Rock Law Review
No abstract provided.