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Dual Constitutions And Constitutional Duels: Separation Of Powers And State Implementation Of Federally Inspired Regulatory Programs And Standards, Jim Rossi Feb 2005

Dual Constitutions And Constitutional Duels: Separation Of Powers And State Implementation Of Federally Inspired Regulatory Programs And Standards, Jim Rossi

William & Mary Law Review

Frequently, state-wide executive agencies and localities attempt to implement federally inspired programs. Two predominant examples are cooperative federalism programs and incorporation of federal standards in state-specific law. Federally inspired programs can bump into state constitutional restrictions on the allocation of powers, especially in states whose constitutional systems embrace stronger prohibitions on legislative delegation than the weak restrictions at the federal level, where national goals and standards are made.

This Article addresses this tension between dual federal/state normative accounts of the constitutional allocation of powers in state implementation of federally inspired programs. To the extent the predominant ways of resolving the …


American Insurance Association V. Garamendi And Executive Preemption In Foreign Affairs, Brannon P. Denning, Michael D. Ramsey Dec 2004

American Insurance Association V. Garamendi And Executive Preemption In Foreign Affairs, Brannon P. Denning, Michael D. Ramsey

William & Mary Law Review

No abstract provided.


Proclamations, National Monuments, And The Scope Of Judicial Review Under The Antiquities Act Of 1906, Roberto Iraola Oct 2004

Proclamations, National Monuments, And The Scope Of Judicial Review Under The Antiquities Act Of 1906, Roberto Iraola

William & Mary Environmental Law and Policy Review

No abstract provided.


Trade Promotion Authority: Fast Track For The Twenty-First Century, Laura L. Wright Apr 2004

Trade Promotion Authority: Fast Track For The Twenty-First Century, Laura L. Wright

William & Mary Bill of Rights Journal

No abstract provided.


Judicial Power In The Constitutional Theory Of James Madison, Jack N. Rakove Mar 2002

Judicial Power In The Constitutional Theory Of James Madison, Jack N. Rakove

William & Mary Law Review

No abstract provided.


Religious Land Use And Institutionalized Persons Act Of 2000: The Land Use Provisions Are Both Unconstitutional And Unnecessary, Ada-Marie Walsh Dec 2001

Religious Land Use And Institutionalized Persons Act Of 2000: The Land Use Provisions Are Both Unconstitutional And Unnecessary, Ada-Marie Walsh

William & Mary Bill of Rights Journal

The Religious Land Use and Institutionalized Persons Act of 2000 was Congress 'response to the Supreme Court's striking down of the Religious Freedom Restoration Act in City of Boerne v. Flores. In promulgating the Religious Land Use and Institutionalized Persons Act, Congress, inter alia, sought to protect the free exercise of religion from excessive governmental meddling while remedying discrimination suffered by religious individuals and groups in the area of land use. In dealing solely with land use provisions of the RLUIPA, the author argues that the Religious Land Use and lnstitutionalized Person Act is unconstitutional because it violates the Establishment …


Subconsitutional Constitutional Law: Supplement, Sham, Or Substitute?, Mark Tushnet May 2001

Subconsitutional Constitutional Law: Supplement, Sham, Or Substitute?, Mark Tushnet

William & Mary Law Review

No abstract provided.


A Constitution Of Collaboration: Protecting Fundamental Values With Second-Look Rules Of Interbranch Dialogue, Dan T. Coenen May 2001

A Constitution Of Collaboration: Protecting Fundamental Values With Second-Look Rules Of Interbranch Dialogue, Dan T. Coenen

William & Mary Law Review

No abstract provided.


Structural Review, Pseudo-Second-Look Decision Making, And The Risk Of Diluting Constitutional Liberty, Dan T. Coenen May 2001

Structural Review, Pseudo-Second-Look Decision Making, And The Risk Of Diluting Constitutional Liberty, Dan T. Coenen

William & Mary Law Review

No abstract provided.


Clinton, Kosovo, And The Final Destruction Of The War Powers Resolution, Geoffrey S. Corn Apr 2001

Clinton, Kosovo, And The Final Destruction Of The War Powers Resolution, Geoffrey S. Corn

William & Mary Law Review

No abstract provided.


Executive Privilege: The Clinton Administration In The Courts, Neil Kinkopf Apr 2000

Executive Privilege: The Clinton Administration In The Courts, Neil Kinkopf

William & Mary Bill of Rights Journal

Exploring the role of the judicial branch of the federal government in Clinton-era executive privilege claims, Neil Kinkopf suggests that courts have misunderstood executive privilege. Professor Kinkopf points out that federal courts have given different treatment to executive privilege claims asserted in judicial and congressional arenas, protecting the Judiciary from encroachment by the executive branch, while avoiding becoming involved in controversies among the political branches. He argues that the judicial confusion about executive privilege stems from the fact that courts have interpreted cases such as Clinton v. Jones to be about the separation of powers between the executive and judicial …


Executive Privilege And Interbranch Comity After Clinton, Jonathan L. Entin Apr 2000

Executive Privilege And Interbranch Comity After Clinton, Jonathan L. Entin

William & Mary Bill of Rights Journal

Although both constitutional theory and practical considerations offer powerful reasons for Congress and the President to prefer negotiation rather than litigation of separation of powers disputes, the Clinton Administration litigated and lost several important cases dealing with presidential power. Some commentators have suggested that these rulings will undermine the presidency for years after Clinton leaves office. Professor Entin assesses some factors, notably the phenomenon of divided government, that might have contributed to the difficulty of reaching interbranch accommodations in recent years and suggests that the long-term implications of the adverse judicial rulings may be less severe than the pessimists fear.


How Not To Challenge The Court, Neal Devins Mar 1998

How Not To Challenge The Court, Neal Devins

William & Mary Law Review

No abstract provided.


The Federalism Implications Of Flores, Stephen Gardbaum Mar 1998

The Federalism Implications Of Flores, Stephen Gardbaum

William & Mary Law Review

No abstract provided.


Why Now Is Not The Time For Constitutional Amendment: The Limited Reach Of City Of Boerne V. Flores, Kent Greenawalt Mar 1998

Why Now Is Not The Time For Constitutional Amendment: The Limited Reach Of City Of Boerne V. Flores, Kent Greenawalt

William & Mary Law Review

No abstract provided.


The Religious Freedom Restoration Act Is A Constitutional Expansion Of Rights, Erwin Chemerinsky Mar 1998

The Religious Freedom Restoration Act Is A Constitutional Expansion Of Rights, Erwin Chemerinsky

William & Mary Law Review

No abstract provided.


Why The Congress Was Wrong And The Court Was Right - Reflections On City Of Boerne V. Flores, Ira C. Lupu Mar 1998

Why The Congress Was Wrong And The Court Was Right - Reflections On City Of Boerne V. Flores, Ira C. Lupu

William & Mary Law Review

No abstract provided.


Judicial Supremacy And The Settlement Function, Robert F. Nagel Mar 1998

Judicial Supremacy And The Settlement Function, Robert F. Nagel

William & Mary Law Review

No abstract provided.


Two Versions Of Judicial Supremacy, Mark Tushnet Mar 1998

Two Versions Of Judicial Supremacy, Mark Tushnet

William & Mary Law Review

No abstract provided.


City Of Boerne V. Flores: A Landmark For Structural Analysis, Marci A. Hamilton Mar 1998

City Of Boerne V. Flores: A Landmark For Structural Analysis, Marci A. Hamilton

William & Mary Law Review

No abstract provided.


Rfra, David P. Currie Mar 1998

Rfra, David P. Currie

William & Mary Law Review

No abstract provided.


Two Section Twos And Two Section Fives: Voting Rights And Remedies After Flores, Pamela S. Karlan Mar 1998

Two Section Twos And Two Section Fives: Voting Rights And Remedies After Flores, Pamela S. Karlan

William & Mary Law Review

No abstract provided.


Conceptual Gulfs In City Of Boerne V. Flores, Douglas Laycock Mar 1998

Conceptual Gulfs In City Of Boerne V. Flores, Douglas Laycock

William & Mary Law Review

No abstract provided.


On The Danger Of Wearing Two Hats: Mistretta And Morrison Revisited, Ronald J. Krotoszynski Jr. Jan 1997

On The Danger Of Wearing Two Hats: Mistretta And Morrison Revisited, Ronald J. Krotoszynski Jr.

William & Mary Law Review

No abstract provided.


Treading On Sacred Ground: Congress's Power To Subject White House Advisers To Senate Confirmation, Douglas S. Onley Apr 1996

Treading On Sacred Ground: Congress's Power To Subject White House Advisers To Senate Confirmation, Douglas S. Onley

William & Mary Law Review

No abstract provided.


A "Tier-Ful" Revelation: A Principled Approach To Separation Of Powers, Timothy T. Hui May 1993

A "Tier-Ful" Revelation: A Principled Approach To Separation Of Powers, Timothy T. Hui

William & Mary Law Review

No abstract provided.


The Limits Of The Parliamentary Critique Of The Separation Of Powers, Thomas O. Sargentich Mar 1993

The Limits Of The Parliamentary Critique Of The Separation Of Powers, Thomas O. Sargentich

William & Mary Law Review

No abstract provided.


Nondelegation After Mistretta: Phoenix Or Phaethon?, Lisa A. Cahill, J. Russell Jackson May 1990

Nondelegation After Mistretta: Phoenix Or Phaethon?, Lisa A. Cahill, J. Russell Jackson

William & Mary Law Review

No abstract provided.


Separation Of Powers: Asking A Different Question, Suzanna Sherry Feb 1989

Separation Of Powers: Asking A Different Question, Suzanna Sherry

William & Mary Law Review

No abstract provided.


Early Versions And Practices Of Separation Of Powers: A Comment, Russell K. Osgood Feb 1989

Early Versions And Practices Of Separation Of Powers: A Comment, Russell K. Osgood

William & Mary Law Review

No abstract provided.