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Constitutional Law

Series

1989

Institution
Keyword
Publication

Articles 91 - 97 of 97

Full-Text Articles in Law

Forgetting The Constitution, Robert F. Nagel Jan 1989

Forgetting The Constitution, Robert F. Nagel

Publications

No abstract provided.


A Comment On The Rule Of Law Model Of Separation Of Powers, Robert F. Nagel Jan 1989

A Comment On The Rule Of Law Model Of Separation Of Powers, Robert F. Nagel

Publications

No abstract provided.


Does Competency Matter After Charters?, Michael L. Perlin, Michael L. Perlin Jan 1989

Does Competency Matter After Charters?, Michael L. Perlin, Michael L. Perlin

Articles & Chapters

No abstract provided.


The Early Role Of The Attorney General In Our Constitutional Scheme: In The Beginning There Was Pragmatism, Susan Low Bloch Jan 1989

The Early Role Of The Attorney General In Our Constitutional Scheme: In The Beginning There Was Pragmatism, Susan Low Bloch

Georgetown Law Faculty Publications and Other Works

This article attempts to accomplish two distinct but related objectives. First, it initiates the proposed systematic study of the Office of the Attorney General by examining its early role. Second, it explores how these early experiences help to answer today's questions. To those ends, part I examines the establishment of the Office of the Attorney General. Studying the genesis of the office and contrasting it to the other significant offices created by the First Congress, such as the Secretaries of Foreign Affairs, War, and Treasury, reveals the priorities and concerns of these early legislators, many of whom had been instrumental …


Originalism As Transformative Politics, Lawrence B. Solum Jan 1989

Originalism As Transformative Politics, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

One might easily paint a picture in which the central question debated in constitutional jurisprudence in recent years was whether originalism is the correct theory of constitutional interpretation. This portrait of a constitutional debate could be quite dramatic. Prominent among the figures on the originalist side stand former Judge Robert Bork, Chief Justice William Rehnquist, former Attorney General Edwin Meese, and scholar Raoul Berger. Their opponents, the nonoriginalists, include Senator Joseph Biden, Associate Justice William Brennan, and a host of constitutional scholars. The stakes of the debate seem high: will the legacy of the Warren Court be dismantled by the …


Constitutional Bait And Switch: Executive Reinterpretation Of Arms Control Treaties, David A. Koplow Jan 1989

Constitutional Bait And Switch: Executive Reinterpretation Of Arms Control Treaties, David A. Koplow

Georgetown Law Faculty Publications and Other Works

A new constitutional crisis has been thrust upon the American body politic. The crisis arises from a dispute concerning the allocation of legal authority for the interpretation, and especially for the reinterpretation, of international agreements. Once a sleepy backwater reserved for specialized scholars, the issue of treaty interpretation has drawn the President and Congress into stark confrontation and generated splashy headlines.


Section 1983 And Constitutional Torts, Charles F. Abernathy Jan 1989

Section 1983 And Constitutional Torts, Charles F. Abernathy

Georgetown Law Faculty Publications and Other Works

We have long recognized that the resurrection of section 1983 converted the fourteenth amendment from a shield into a sword by providing a civil action for vindication of constitutional rights and, to the extent that damages have gradually become the authorized remedy for section 1983 violations, we have easily come to think of such actions as constitutional torts-civil damage remedies for violations of constitutionally defined rights. There is, however, a subtler and greater reality to what has transpired, for the mere procedural vehicle of constitutional enforcement has, in retrospect, changed the substance of constitutional law itself. Section 1983 has not …