Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network

Open Access. Powered by Scholars. Published by Universities.®

Duke Law

Journal

2004

Political aspects

Articles 1 - 3 of 3

Full-Text Articles in Entire DC Network

Disaggregating U.S. Interests In International Law, Peter J. Spiro Oct 2004

Disaggregating U.S. Interests In International Law, Peter J. Spiro

Law and Contemporary Problems

The Constitution is so central to American identity that any concession of external constitutional constraints may constitute a threat to national self-determination. This explains the relative intensity of objections to international norms and institutions thought to compromise constitutional discretion, at least in the absence of countervailing interests.


The Antebellum Political Background Of The Fourteenth Amendment, Garrett Epps Jul 2004

The Antebellum Political Background Of The Fourteenth Amendment, Garrett Epps

Law and Contemporary Problems

Epps presents information concerning the historical context of the Fourteenth Amendment. Among other implications, the Amendment should be viewed as an effort to defend the national government from control by transient majorities or undemocratic factions in the states.


The Cycles Of Constitutional Theory, Barry Friedman Jul 2004

The Cycles Of Constitutional Theory, Barry Friedman

Law and Contemporary Problems

Friedman presents information on the cyclical nature of constitutional theory. Because constitutional theory is a reaction to the current developments of constitutional law, it is interesting to view constitutional issues through the framework of different historical circumstances.