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Prisoners And Habeas Privileges Under The Fourteenth Amendment, Lee Kovarsky
Prisoners And Habeas Privileges Under The Fourteenth Amendment, Lee Kovarsky
Vanderbilt Law Review
The U.S. Reports contain no answer to a million-dollar question: are state prisoners constitutionally entitled to a federal habeas forum? The Supreme Court has consistently ducked the basic constitutional issue, and academic work on the question idles on familiar themes. The strongest existing argument that state prisoners are constitutionally entitled to a federal habeas forum involves a theory of incorporation under the Fourteenth Amendment's Due Process Clause. I provide a new and different account: specifically, that the Fourteenth Amendment's Privileges and Immunities Clause ("PI Clause") guarantees a habeas privilege as a feature of national citizenship, and that the corresponding habeas …
The Right To Vote Under State Constitutions, Joshua A. Douglas
The Right To Vote Under State Constitutions, Joshua A. Douglas
Vanderbilt Law Review
This Article provides the first comprehensive look at state constitutional provisions explicitly granting the right to vote. We hear that the right to vote is "fundamental," the "essence of a democratic society," and "preservative of all rights." But courts and scholars are still searching for a solution to the puzzle of how best to protect voting rights, especially because the U.S. Supreme Court has underenforced the right to vote. The answer, however, is right in front of us: state constitutions. Virtually every state constitution includes direct, explicit language granting the right to vote, as contrasted with the U.S. Constitution, which …