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Constitutional Law

Selected Works

2012

Constitutional law

Articles 31 - 33 of 33

Full-Text Articles in Law

The Natural And The Familiar In Politics And Law, Michael R. Dimino Dec 2011

The Natural And The Familiar In Politics And Law, Michael R. Dimino

Michael R Dimino

The most direct influence on my style as a teacher was my experience as a law student. In my last semester, I took the course on the Law of Democracy and was forever smitten with the subject. I had already been interested in politics and constitutional law, so it was not surprising that I would enjoy a subject that combined them. But the class itself—the areas of the law that were covered and the way in which they were covered—showed me how
exciting law could be. Here was a subject that was crucial to every substantive area of law because …

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Washington Was Right: The Supreme Court Could Have Intervened To Interpret French Treaties, Kevin P. Chapman Dec 2011

Washington Was Right: The Supreme Court Could Have Intervened To Interpret French Treaties, Kevin P. Chapman

Kevin P. Chapman

In the early days of his presidency, George Washington faced his first international crisis when French Ambassador Genet demanded that the United States honor its treaty obligations and provide support to the new French Republic in its ongoing war with Great Britain. Concerned about the legal effect that the French Revolution had on the viability of these obligations, Washington asked the Supreme Court to render an opinion. Chief Justice John Jay replied that the Constitution did not authorize the Supreme Court to render advisory opinions.

If Jay was correct, why did Washington, who presided over the very convention that produced …

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A Constitutional Case For Amending Article 9, Craig Martin Dec 2011

A Constitutional Case For Amending Article 9, Craig Martin

Craig Martin

The long simmering debate in Japan over whether and how to amend the war-renouncing provision of the Constitution, the famous Article 9, is once again heating up. Laws are now in place for a plebiscite on the issue. The Liberal Democratic Party has published a formal amendment proposal, which would operate to eviscerate the meaningful constraints on the use of force. The left continues to oppose any and all revision, even though public opinion has begun to shift, Japan’s strategic situation has become more fraught, and external pressure for Japan to play a greater international role mounts. Amendment is more …

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