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Law and Politics

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Selected Works

2014

Constitutional Law

Articles 1 - 5 of 5

Full-Text Articles in Law

The Road Most Travel: Is The Executive’S Growing Preeminence Making America More Like The Authoritarian Regimes It Fights So Hard Against?, Ryan T. Williams Aug 2014

The Road Most Travel: Is The Executive’S Growing Preeminence Making America More Like The Authoritarian Regimes It Fights So Hard Against?, Ryan T. Williams

Ryan T. Williams

Since September 11, 2001, the Executive branch of the Unites States government continues to accumulate power beyond which is granted to it under the U.S. Constitution. This Article examines how the Executive wields this additional power through a secret surveillance program, the indefinite detention of terror suspects, and the implementation of a kill list, where Americans and non-Americans alike are targeted and killed without any judicial determination of guilt or innocence. Moreover, Congress and the Judiciary have condoned the Executive’s unconstitutional power accumulation by not only remaining idle and refusing to challenge this taking, but by preventing other American citizens …

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Political Advocacy And Taxable Entities: Are They The Next "Loophole"?, Donald B. Tobin Jun 2014

Political Advocacy And Taxable Entities: Are They The Next "Loophole"?, Donald B. Tobin

Donald B. Tobin

No abstract provided.

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Preventing Balkanization Or Facilitating Racial Domination: A Critique Of The New Equal Protection, Darren L. Hutchinson Mar 2014

Preventing Balkanization Or Facilitating Racial Domination: A Critique Of The New Equal Protection, Darren L. Hutchinson

Darren L Hutchinson

Abstract

Preventing Balkanization or Facilitating Racial Domination: A Critique of the

New Equal Protection

The Supreme Court requires that equal protection plaintiffs prove defendants acted with discriminatory intent. The intent rule has insulated from judicial invalidation numerous policies that harmfully impact racial and ethnic minorities. Court doctrine also mandates that state actors remain colorblind. The colorblindness doctrine has caused the Court to invalidate many policies that were designed to ameliorate the conditions of racial inequality. Taken together, these two equality doctrines facilitate racial domination. The Court justifies this outcome on the ground that the Constitution does not protect “group rights.” …

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"Not Without Political Power": Gays And Lesbians, Equal Protection, And The Suspect Class Doctrine, Darren Hutchinson Dec 2013

"Not Without Political Power": Gays And Lesbians, Equal Protection, And The Suspect Class Doctrine, Darren Hutchinson

Darren L Hutchinson

The Supreme Court purportedly utilizes the suspect class doctrine in order to balance institutional concerns with the protection of important constitutional rights. The Court, however, inconsistently applies this doctrine, and it has not precisely defined its contours. The political powerlessness factor is especially undertheorized and contradictorily applied. Nevertheless, this factor has become salient in recent equal protection cases brought by gay and lesbian plaintiffs.

A growing body of and federal and state-court precedent addresses the flaws of the Court’s suspect class doctrine. This Article discusses the inadequacies of the suspect class doctrine and highlights problems within the emerging scholarship and …

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When Quacking Like A Duck Is Really A Swan Song In Disguise: How Windsor's State Powers Analysis Sets The Stage For The Demise Of Federalism-Based Marriage Discrimination, Nancy C. Marcus Dec 2013

When Quacking Like A Duck Is Really A Swan Song In Disguise: How Windsor's State Powers Analysis Sets The Stage For The Demise Of Federalism-Based Marriage Discrimination, Nancy C. Marcus

Nancy C Marcus

United States v. Windsor may, in the views of some, walk and talk like a federalist duck, but upon closer examination, the decision is not a federalist decision at all, but is, rather, a swan song for federalist-based marriage discrimination.
Leading up to Windsor, federalist-based arguments for marriage equality were advocated by the late twentieth-century minimalist movement, which viewed the judiciary as an ineffective agent of social change, and urged the narrowest of constitutional claims, pessimistic about the likelihood of broad individual rights claims to same-sex marriage rights. After Windsor’s release, some have interpreted it as being a federalist decision, …

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