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Trying To Fit An Oval Shaped Island Into A Square Constitution: Arguments For Puerto Rican Statehood, Jose D. Roman
Trying To Fit An Oval Shaped Island Into A Square Constitution: Arguments For Puerto Rican Statehood, Jose D. Roman
Fordham Urban Law Journal
This Comment focuses on the limits placed on Puerto Rico under the United States Constitution and concludes that Puerto Rico must become the 51st state to improve its status under the Constitution. It explores Puerto Rico's relationship with the United States and its unusual position under the Constitution. This Comment then examines the voting rights issues facing Puerto Ricans, including a First Circuit case which denied Puerto Ricans the right to vote in presidential elections. The Comment concludes that this case was correctly decided and the Supreme Court, in other decisions, has only recognized a limited right to vote under …
September 11, 2001: The Constitution During Crisis: A New Perspective, Lori Sachs
September 11, 2001: The Constitution During Crisis: A New Perspective, Lori Sachs
Fordham Urban Law Journal
This Comment examines how the United States should react to the threat of domestic terrorism while maintaining citizens' civil liberties in the wake of the events on September 11, 2001. The Comment first compares and contrasts three classic theories of democracy: constitutional democracy, representative democracy and deliberative democracy. It next describes how representative and constitutional democracy were applied during the Japanese internment during World War II. Part III compares the Japanese internment to the challenges after the September 11 attacks and analyzes the roles different branches should have in protecting civil liberties. Finally, the Comment recommends applying a theory of …