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Constitutional Law

Constitutional Interpretation

1985

Articles 1 - 3 of 3

Full-Text Articles in Law

A Lesson In Incaution, Overwork, And Fatigue: The Judicial Miscraftsmanship Of Segura V. United States, Joshua Dressler Apr 1985

A Lesson In Incaution, Overwork, And Fatigue: The Judicial Miscraftsmanship Of Segura V. United States, Joshua Dressler

William & Mary Law Review

No abstract provided.


The Constitutional Organization Of The Government, Gerhard Casper Feb 1985

The Constitutional Organization Of The Government, Gerhard Casper

William & Mary Law Review

No abstract provided.


Children Of Distant Fathers: Sketching An Ethos Of Constitutional Liberty, Gene R. Nichol Jan 1985

Children Of Distant Fathers: Sketching An Ethos Of Constitutional Liberty, Gene R. Nichol

Faculty Publications

In this article, Professor Gene R. Nichol argues for a constitutional right to self-governance that legitimizes the court's inquiry into the nature of fundamental personal rights. He locates this right in the ninth amendment, which affords protection to unlisted liberties. The clearest statement of the American commitment to selfgovernance, he argues, is found in Thomas Jefferson's Declaration of Independence, and in the philosophy of Jeffersonian individualism. Drawing on the writing of Jefferson and Lincoln, Professor Nichol asserts that our society has committed itself to "the progressive unfolding of individual sovereignty." Critics of the United States Supreme Court's decisions that give …