Open Access. Powered by Scholars. Published by Universities.®
- Publication
- Publication Type
Articles 1 - 2 of 2
Full-Text Articles in Law
War, Crisis, And The Constitution, Sotirios A. Barber, James E. Fleming
War, Crisis, And The Constitution, Sotirios A. Barber, James E. Fleming
Faculty Scholarship
Most recent discussion of the United States Constitution and war--both the war on terrorism and the war in Iraq--has been dominated by two diametrically opposed views: the alarmism of those who see many current policies as portending gross restrictions on American civil liberties, and the complacency of those who see these same policies as entirely reasonable accommodations to the new realities of national security. Whatever their contributions to the public discussion and policy-making processes, these voices contribute little to an understanding of the real constitutional issues raised by war. Providing the historical and legal context needed to assess competing claims, …
Mr. Justice William Johnson And The Common Incidents Of Life: Ii, A. J. Levin
Mr. Justice William Johnson And The Common Incidents Of Life: Ii, A. J. Levin
Michigan Law Review
Here must be the key to Johnson's constitutional jurisprudence, which time, and the effect of the repression of Marshall's domination has obscured. The dynamic pattern of his thought is, however, unmistakable when analyzed without the burden of prepossession. There can be little meaning to what Johnson said in Ogden v. Saunders unless conceived in relation to Johnson's whole approach to man and society and his repeated insistence upon "that communication of thought and experiment without which nothing human can advance in improvement." Otherwise, we are unable to reconcile his repeated dwelling upon the literal meaning of words and their "technical …