History Commons^™

Legislative Delegation And Two Conceptions Of The Legislative Power, Robert C. Sarvis

The University of New Hampshire Law Review

[Excerpt] "The current federal government, with its burgeoning administrative agencies, does not embody what most Americans would recognize as the constitutional doctrine of separation of powers. This is, in part, due to the Congress’s frequent practice of delegating legislative powers to the executive branch, i.e., giving administrative agencies the power to promulgate rules regulating private behavior and having the force of law. Legislative delegation has been the subject of academic, legal, and political wrangling since the early congresses and clearly calls into question whether modern practice adheres to constitutional norms. This article discusses legislative delegation in terms of some core …

Does Changing The Definition Of Science Solve The Establishment Clause Problem For Teaching Intelligent Design As Science In Public Schools? Doing An End-Run Around The Constitution, Ann Marie Lofaso

The University of New Hampshire Law Review

[Excerpt] "When Charles Darwin published On the Origin of Species By Means of Natural Selection in 1859, it sparked some of the most contentious debates in American intellectual history, debates that continue to rage today. Although these debates have numerous political ramifications, the question posed in this paper is narrow: Does the Establishment Clause permit a particular assessment of current evolutionary theory – intelligent design (“ID”) – to be taught as science in American elementary and secondary public schools? This article shows that it does not.

To understand current disputes over whether and how to teach the origins of life …