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Articles 1 - 2 of 2
Full-Text Articles in Political History
Sovereignty, Statehood, And Subjugation: Native Hawaiian And Japanese American Discourse Over Hawaiian Statehood, Nicole Saito
Sovereignty, Statehood, And Subjugation: Native Hawaiian And Japanese American Discourse Over Hawaiian Statehood, Nicole Saito
Student Scholar Symposium Abstracts and Posters
Although discourse over Hawaiian statehood has increasingly been described by scholars as a racial conflict between Japanese Americans and Native Hawaiians, there existed a broad spectrum of interactions between the two groups. Both communities were forced to confront the prejudices they had against each other while recognizing their shared experiences with discrimination, creating a paradoxical political culture of competition and solidarity up until the conclusion of World War Two. From 1946 to 1950, however, the country’s collective understanding of Japanese American citizenship began to shift with recognition of the community’s military service record and an increased proportion of veterans elected …
The People's Court: On The Intellectual Origins Of American Judicial Power, Ian C. Bartrum
The People's Court: On The Intellectual Origins Of American Judicial Power, Ian C. Bartrum
Dickinson Law Review (2017-Present)
This article enters into the modern debate between “consti- tutional departmentalists”—who contend that the executive and legislative branches share constitutional interpretive authority with the courts—and what are sometimes called “judicial supremacists.” After exploring the relevant history of political ideas, I join the modern minority of voices in the latter camp.
This is an intellectual history of two evolving political ideas—popular sovereignty and the separation of powers—which merged in the making of American judicial power, and I argue we can only understand the structural function of judicial review by bringing these ideas together into an integrated whole. Or, put another way, …