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Articles 1 - 4 of 4
Full-Text Articles in Arts and Humanities
Our Administered Constitution: Administrative Constitutionalism From The Founding To The Present, Sophia Z. Lee
Our Administered Constitution: Administrative Constitutionalism From The Founding To The Present, Sophia Z. Lee
All Faculty Scholarship
This article argues that administrative agencies have been primary interpreters and implementers of the federal Constitution throughout the history of the United States, although the scale and scope of this "administrative constitutionalism" has changed significantly over time as the balance of opportunities and constraints has shifted. Courts have nonetheless cast an increasingly long shadow over the administered Constitution. In part, this is because of the well-known expansion of judicial review in the 20th century. But the shift has as much to do with changes in the legal profession, legal theory, and lawyers’ roles in agency administration. The result is that …
How Paul Became The Straight Word: Protestant Biblicism And The Twentieth-Century Invention Of Biblical Heteronormativity, Heather White
How Paul Became The Straight Word: Protestant Biblicism And The Twentieth-Century Invention Of Biblical Heteronormativity, Heather White
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This essay traces out how a seemingly ancient truth of antihomosexual condemnation came to be implanted in American Bibles and lodged—in particular—in the epistles of the apostle Paul. The Pauline texts of Romans and 1 Corinthians are the most frequently cited proof texts for biblical condemnation of homosexuality. The same-sex meanings of these passages are often not perceived as interpretations; they are imputed to the text and its historical context as the timeless, original meaning. Viewed historically, however, there are many things that are puzzlingly new about this plain biblical speech.
Foreword: Abolition Constitutionalism, Dorothy E. Roberts
Foreword: Abolition Constitutionalism, Dorothy E. Roberts
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In this Foreword, I make the case for an abolition constitutionalism that attends to the theorizing of prison abolitionists. In Part I, I provide a summary of prison abolition theory and highlight its foundational tenets that engage with the institution of slavery and its eradication. I discuss how abolition theorists view the current prison industrial complex as originating in, though distinct from, racialized chattel slavery and the racial capitalist regime that relied on and sustained it, and their movement as completing the “unfinished liberation” sought by slavery abolitionists in the past. Part II considers whether the U.S. Constitution is an …
James Wilson As The Architect Of The American Presidency, Christopher S. Yoo
James Wilson As The Architect Of The American Presidency, Christopher S. Yoo
All Faculty Scholarship
For decades, James Wilson has been something of a “forgotten founder.” The area where commentators generally recognize Wilson’s influence at the Convention is with respect to Article II, which establishes the executive and defines its powers. Most scholars characterize him as a resolute advocate of an independent, energetic, and unitary presidency, and a particularly successful one at that. In this regard, some scholars have generally characterized Wilson’s thinking as overly rigid. Yet a close examination of the Convention reveals Wilson to be more flexible than sometimes characterized. With respect to many aspects of the presidency, including the appointment power, the …