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Articles 1 - 11 of 11
Full-Text Articles in Law
Commerce In The Commerce Clause: A Response To Jack Balkin, Robert G. Natelson
Commerce In The Commerce Clause: A Response To Jack Balkin, Robert G. Natelson
Michigan Law Review First Impressions
The Constitution's original meaning is its meaning to those ratifying the document during a discrete time period: from its adoption by the Constitutional Convention in late 1787 until Rhode Island's ratification on May 29, 1790. Reconstructing it requires historical skills, including a comprehensive approach to sources. Jack Balkin's article Commerce fails to consider the full range of evidence and thereby attributes to the Constitution's Commerce Clause a scope that virtually no one in the Founding Era believed it had.
Fundamentalism, The First Amendment, And The Rise Of The Religious Right, Randall Balmer
Fundamentalism, The First Amendment, And The Rise Of The Religious Right, Randall Balmer
William & Mary Bill of Rights Journal
No abstract provided.
Constitutional Caution, Bruce Ledewitz
Constitutional Caution, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
The Future Of God—And Secularism, Bruce Ledewitz
The Future Of God—And Secularism, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.”
The Future Of God—And Secularism, Bruce Ledewitz
The Future Of God—And Secularism, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
John Yoo And Jay Bybee Dodge Disciplinary Action But Recall Nuremberg, Bruce Ledewitz
John Yoo And Jay Bybee Dodge Disciplinary Action But Recall Nuremberg, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
The Death Of Suspicion, Fabio Arcila Jr.
The Death Of Suspicion, Fabio Arcila Jr.
Scholarly Works
This article argues that neither the presumptive warrant requirement nor the presumptive suspicion requirement are correct. Though representative of the common law, they do not reflect the totality of our historic experience, which includes civil search practices. More importantly, modern developments - such as urban life and technological advancements, the rise of the regulatory state, and security concerns post-9/11 - have sufficiently changed circumstances so that these rules are not just unworkable now, they are demonstrably wrong. Worst of all, adhering to them has prevented us from formulating a more coherent Fourth Amendment jurisprudence. A new paradigm confronts us, in …
Seeking Common Ground: A Secular Statement, Bruce Ledewitz
Seeking Common Ground: A Secular Statement, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
The New New Secularism And The End Of The Law Of The Separation Of Church And State, Bruce Ledewitz
The New New Secularism And The End Of The Law Of The Separation Of Church And State, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Our Forgotten Founders: Reconstruction, Public Education, And Constitutional Heroism, Tom Donnelly
Our Forgotten Founders: Reconstruction, Public Education, And Constitutional Heroism, Tom Donnelly
Cleveland State Law Review
In this Article, I consider the constitutional stories we tell our schoolchildren about the Founding and Reconstruction. To that end, I analyze the relevant sections of our leading high school history textbooks, focusing particularly on the consensus narratives and constitutional heroes that emerge in these accounts. This analysis is vital to more fully understanding the background assumptions that elite lawyers, political leaders, and the wider public bring to bear when they consider the meaning of the Constitution.
The Functions Of Ethical Originalism, Richard A. Primus
The Functions Of Ethical Originalism, Richard A. Primus
Articles
Supreme Court Justices frequently divide on questions of original meaning, and the divisions have a way of mapping what we might suspect are the Justices’ leanings about the merits of cases irrespective of originalist considerations. The same is true for law professors and other participants in constitutional discourse: people’s views of original constitutional meaning tend to align well with their (nonoriginalist) preferences for how present constitutional controversies should be resolved. To be sure, there are exceptions. Some people are better than others at suspending presentist considerations when examining historical materials, and some people are better than others at recognizing when …