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Articles 1 - 23 of 23
Full-Text Articles in Law
Who Will Save The Redheads? Towards An Anti-Bully Theory Of Judicial Review And Protection Of Democracy, Yaniv Roznai
Who Will Save The Redheads? Towards An Anti-Bully Theory Of Judicial Review And Protection Of Democracy, Yaniv Roznai
William & Mary Bill of Rights Journal
Democracy is in crisis throughout the world. And courts play a key role within this process as a main target of populist leaders and in light of their ability to hinder administrative, legal, and constitutional changes. Focusing on the ability of courts to block constitutional changes, this Article analyzes the main tensions situated at the heart of democratic erosion processes around the world: the conflict between substantive and formal notions of democracy; a conflict between believers and nonbelievers that courts can save democracy; and the tension between strategic and legal considerations courts consider when they face pressure from political branches. …
Ratification Of The Equal Rights Amendment: Lessons From Special Elections To The House Of Representatives In 1837, John Vlahoplus
Ratification Of The Equal Rights Amendment: Lessons From Special Elections To The House Of Representatives In 1837, John Vlahoplus
Indiana Law Journal
In 1837 the House of Representatives considered a governor’s attempt to include a limitation in a writ issued to fill a vacancy in representation pursuant to Article I, Section 2 of the Constitution. The Representatives agreed almost unanimously that the limitation was unconstitutional and should be disregarded as mere surplusage rather than invalidating the writ and the election. This Article suggests that the similar Article V gives Congress only the power to propose amendments, without any limitation, and States the power to ratify amendments or not, without any power to rescind. Consequently, the time limit that Congress purported to impose …
A Symbolic Balanced Budget Amendment, Neal Devins
A Symbolic Balanced Budget Amendment, Neal Devins
Neal E. Devins
No abstract provided.
Constitutional Cadenzas, Daniel A. Farber
A Response To Justice Thomas Brennan's Remarks At The Thomas M. Cooley Law School Article V Symposium, William W. Van Alstyne
A Response To Justice Thomas Brennan's Remarks At The Thomas M. Cooley Law School Article V Symposium, William W. Van Alstyne
Faculty Publications
No abstract provided.
Constitutional Thematics And The Peculiar Federal Marriage Amendment, Scott Dodson
Constitutional Thematics And The Peculiar Federal Marriage Amendment, Scott Dodson
Faculty Publications
These symposium remarks are a discussion of themes running through the Constitution, how the FMA, if adopted, might affect those themes, and why we ought to care. I first demonstrate that our Constitution is a thematic document, filled with broad, recognizable, and (mostly) coherent concepts. Separation of powers, representative democracy, federalism, individual liberty, and equality come readily to mind. I then explain that the thematic nature and the inter-coherence of these themes is critical in two ways: to identify those values held to be fundamental in our society, and to assist in the interpretation of the Constitution. The themes in …
Voter Knowledge And Constitutional Change: Assessing The New Deal Experience, Ilya Somin
Voter Knowledge And Constitutional Change: Assessing The New Deal Experience, Ilya Somin
William & Mary Law Review
No abstract provided.
Treating The Pen And The Sword As Constitutional Equals: How And Why The Supreme Court Should Apply Its First Amendment Expertise To The Great Second Amendment Debate, David G. Browne
William & Mary Law Review
No abstract provided.
The People Made Me Do It: Can The People Of The States Instruct And Coerce Their State Legislatures In The Article V Constitutional Amendment Process?, Vikram David Amar
The People Made Me Do It: Can The People Of The States Instruct And Coerce Their State Legislatures In The Article V Constitutional Amendment Process?, Vikram David Amar
William & Mary Law Review
No abstract provided.
The Bill Of Rights, The Fourteenth Amendment, And The Seven Deadly Sins Of Legal Scholarship, Richard L. Aynes
The Bill Of Rights, The Fourteenth Amendment, And The Seven Deadly Sins Of Legal Scholarship, Richard L. Aynes
William & Mary Bill of Rights Journal
No abstract provided.
A Story For All Seasons: Akhil Reed Amar On The Bill Of Rights, Michael Kent Curtis
A Story For All Seasons: Akhil Reed Amar On The Bill Of Rights, Michael Kent Curtis
William & Mary Bill of Rights Journal
No abstract provided.
Comments On Akhil Reed Amar's The Bill Of Rights: Creation And Reconstruction, Melvin I. Urofsky
Comments On Akhil Reed Amar's The Bill Of Rights: Creation And Reconstruction, Melvin I. Urofsky
William & Mary Bill of Rights Journal
No abstract provided.
Getting From Here To There: The Rebirth Of Constitutional Constraints On The Special Interest State, Lynn A. Baker, Samuel H. Dinkin
Getting From Here To There: The Rebirth Of Constitutional Constraints On The Special Interest State, Lynn A. Baker, Samuel H. Dinkin
William & Mary Law Review
No abstract provided.
Why Now Is Not The Time For Constitutional Amendment: The Limited Reach Of City Of Boerne V. Flores, Kent Greenawalt
Why Now Is Not The Time For Constitutional Amendment: The Limited Reach Of City Of Boerne V. Flores, Kent Greenawalt
William & Mary Law Review
No abstract provided.
Guns, Words, And Constitutional Interpretation, L. A. Powe Jr.
Guns, Words, And Constitutional Interpretation, L. A. Powe Jr.
William & Mary Law Review
No abstract provided.
The Third Amendment: Forgotten But Not Gone, Tom W. Bell
The Third Amendment: Forgotten But Not Gone, Tom W. Bell
William & Mary Bill of Rights Journal
No abstract provided.
What Do You Think About The Twenty-Seventh Amendment?, William W. Van Alstyne
What Do You Think About The Twenty-Seventh Amendment?, William W. Van Alstyne
Faculty Publications
No abstract provided.
A Symbolic Balanced Budget Amendment, Neal Devins
A Symbolic Balanced Budget Amendment, Neal Devins
Faculty Publications
No abstract provided.
Does The First Amendment Protect More Than Free Speech?, Stephen L. Carter
Does The First Amendment Protect More Than Free Speech?, Stephen L. Carter
William & Mary Law Review
No abstract provided.
Notes On A Bicentennial Constitution, Part I: Processes Of Change, William W. Van Alstyne
Notes On A Bicentennial Constitution, Part I: Processes Of Change, William W. Van Alstyne
Faculty Publications
With the approach of the Bill of Rights bicentennial, this paper takes the cause for celebration as an equally important occasion for critique. This work argues that the most distinguishing aspects of our Constitution are not the Bill of Rights, federalism, and separation of powers, but rather the availability of judicial review, the political insulation of federal judges, and the limited mechanisms available for constitutional change.
Equal Rights Amendment South Carolina Coalition Records - Accession 168, Equal Rights Amendment South Carolina Coalition
Equal Rights Amendment South Carolina Coalition Records - Accession 168, Equal Rights Amendment South Carolina Coalition
Manuscript Collection
The Equal Rights Amendment (ERA) records, dating from 1970 to 1978, include correspondence, legislative journals, magazine articles, newspaper clippings, brochures, pamphlets, and other records relating to the work of the South Carolina Coalition in trying to get the ERA ratified by the South Carolina state legislature. There is relevant material concerning the ERA issue in other states. The Coalition was organized in 1972. The Equal Rights Amendment (ERA) was a proposed amendment to the United States Constitution designed to guarantee equal rights for women.
Current Challenge To Federalism: The Confederating Proposals, William F. Swindler
Current Challenge To Federalism: The Confederating Proposals, William F. Swindler
Faculty Publications
Professor Swindler treats the three recently proposed constitutional amendments as the culmination of state frustration at the evolution of ascendant federalism especially as embodied in modern Supreme Court decisions. Equating the proposals, in effect, to the fragmented system under the Articles of Confederation, he rejects them as contrary to the weight of constitutional history. The Constitution having established a new concept of federalism-an amalgam of the people of the United States-the author concludes that representative government is the essence of that federalism and that neither the states, their legislatures, nor their courts can have authority in the area of activity …
The Amendments Proposed By The West Virginia Constitutional Commission, Kemble White
The Amendments Proposed By The West Virginia Constitutional Commission, Kemble White
West Virginia Law Review
No abstract provided.