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Comparing Alternative Approaches About Congress's Role In Constitutional Law, Charles Tiefer
Comparing Alternative Approaches About Congress's Role In Constitutional Law, Charles Tiefer
University of Richmond Law Review
Mark Tushnet's Taking the ConstitutionAway from the Courts presents many aspects of the theme expressed in its title. I find most interesting the aspect concerning Congress's role in constitutional law. I like this aspect because I spent almost two decades working on constitutional law in Congress, principally as the House of Representatives' Solicitor and Deputy General Counsel representing the House of Representatives in countless constitutional controversies, and I have written a good deal about it. Tushnet provides us with an alternative perspective from which we can view Congress both during that time and since. Tushnet's book is kind enough to …
The Government Of The Living-The Legacy Of The Dead, Jon C. Blue
The Government Of The Living-The Legacy Of The Dead, Jon C. Blue
University of Richmond Law Review
Akhil Amar has written a stunning book about what he calls "the high temple of our constitutional order"-the Bill of Rights. The temple metaphor is revealing, for it is evident throughout his book that Professor Amar views the Constitution as a sanctified structure, the use of which is to be determined by a holistic study of the original blueprints and the surviving comments of the long-dead architects. This characterization is complicated but not fundamentally changed by the fact that Amar's story is, as the subtitle of the book proclaims, one of "creation and reconstruction." The creation is that of the …
The Role Of State Constitutions In An Era Of Big Government, Stanley Mosk
The Role Of State Constitutions In An Era Of Big Government, Stanley Mosk
University of Richmond Law Review
This is a speech delivered by The Honorable Stanley Mosk, Justice of the Supreme Court of California,at the T.C. Williams School of Law's eighth annual Emroch Lecture. Among his many achievements, Justice Mosk has authored some of California's most constructive legislative proposals in the crime and law enforcement fields, including the measure creating the Commission on Peace Officers Standards and Training.
Feres To Chappell To Stanley: Three Strikes And Servicemembers Are Out, Jonathan P. Tomes
Feres To Chappell To Stanley: Three Strikes And Servicemembers Are Out, Jonathan P. Tomes
University of Richmond Law Review
With its decision in United States v. Stanley, the United States Supreme Court completed the virtual evisceration of servicemembers' constitutional rights begun thirty-seven years before in Feres v. United States. Although the courts have never expressly held that servicemembers do not enjoy the same constitutional rights that other citizens enjoys the Supreme Court's decision in Stanley has left servicemembers without an effective remedy to vindicate their constitutional rights. Rights without means of enforcing them are meaningless.