Law Commons^™

Political Executive Control Of The Administrative State: How Much Is Too Much?, Conor Casey

Maryland Law Review

No abstract provided.

Donald Trump, Constitutional Failure, And The Guardrails Of Democracy, Julie Novkov

Maryland Law Review

No abstract provided.

Curbing (Or Not) Foreign Influence On U.S. Politics And Policies Through The Federal Taxation Of Charities, Johnny Rex Buckles

Maryland Law Review

No abstract provided.

Drawing The Line: A First Amendment Framework For Partisan Gerrymandering In The Wake Of Rucho V. Common Cause, Kyle Keraga

Maryland Law Review

No abstract provided.

Platforms And The Fall Of The Fourth Estate: Looking Beyond The First Amendment To Protect Watchdog Journalism, Erin C. Carroll

Maryland Law Review

No abstract provided.

Judicial Candidates’ Right To Lie, Nat Stern

Maryland Law Review

, the Supreme Court struck down a law forbidding certain judicial campaign speech. A decade later, the Court in United States v. Alvarez ruled that factually false statements do not constitute categorically unprotected expression under the First Amendment. Together, these two holdings, along with the Court’s wider protection of political expression and disapproval of content-based restrictions, cast serious doubt on states’ ability to ban false and misleading speech by judicial candidates. Commonly known as the misrepresent clause, this prohibition has intuitive appeal in light of judges’ responsibilities and still exists in many states. Given the provision’s vulnerability to challenge, however, …

Constitutional Crisis And Constitutional Rot, Jack M. Balkin

Maryland Law Review

No abstract provided.

The Fragility Of Constitutional Democracy, Yasmin Dawood

Maryland Law Review

Is the survival of constitutional democracy in America at serious risk? Given the actions of the Trump administration, and given the decline of democracy and concomitant rise of authoritarianism the world over, there is genuine cause for alarm. In light of these fears, it is worth remembering that the authors of The Federalist Papers were notably pessimistic about the survival chances of republican government. To what extent have their constitutional design innovations contributed to present woes, and conversely, to what extent will the Constitution ensure the survival of democracy? This Essay argues that while the design of the Constitution is …

Alternatives To Liberal Constitutional Democracy, David S. Law

Maryland Law Review

The global appeal of liberal constitutional democracy—defined as a competitive multiparty system combined with governance within constitutional limits—cannot be taken for granted due to the existence of competing forms of government that appear successful along a number of practical dimensions and consequently enjoy high levels of public acceptance. Proponents of liberal constitutional democracy must be prepared to proactively explain and defend its capacity to satisfy first-order political needs. A system of government is unlikely to command popular acceptance unless it can plausibly claim to address the problems of oppression, tribalism, and physical and economic security.

Along these dimensions, the advantages …

Why Donald Trump Is Not Andrew Jackson (And Why That Matters For American Constitutional Democracy), Eric Lomazoff

Maryland Law Review

No abstract provided.

Reflections On The Aftermath Of Election 2016, Maxwell L. Stearns

Maryland Law Review

No abstract provided.

The Collapse Of The New Deal Conceptual Universe: The Schmooze Project, Mark A. Graber

Maryland Law Review

No abstract provided.

How A Court Becomes Supreme: Defending The Constitution From Unconstitutional Amendments, Richard Albert

Maryland Law Review

High courts around the world have increasingly invalidated constitutional amendments in defense of their view of democracy, answering in the affirmative what was once a paradoxical question with no obvious answer: can a constitutional amendment be unconstitutional? In the United States, however, the Supreme Court has yet to articulate a theory or doctrine of unconstitutional constitutional amendment. Faced with a constitutional amendment that would challenge the liberal democratic values of American constitutionalism—for instance an amendment restricting political speech or establishing a national religion—the Court would be left without a strategy or vocabulary to protect the foundations of constitutional democracy. In …

Threats To Democratic Stability: Comparing The Elections Of 2016 And 1860, Stuart Chinn

Maryland Law Review

No abstract provided.

Trump, Trust, And The Future Of The Constitutional Order, Stephen M. Griffin

Maryland Law Review

Sometimes constitutions fail. The unprecedented election of Donald Trump, a populist insurgent who lacks the prior political experience or military service of all presidents before him, is such a sharp break in American historical experience that it raises questions as to whether something is deeply amiss with the constitutional order.

Constitutional failure is not uncommon. A path-breaking global study of national constitutions shows that on average, they last only nineteen years. The U.S. Constitution is an uncommon outlier and, as such, is accounted by many a long-running success story. But could a bell be tolling for American constitutionalism?

In this …

A Jewish And (Declining) Democratic State? Constitutional Retrogression In Israel, Nadiv Mordechay, Yaniv Roznai

Maryland Law Review

This Article describes and analyzes an increasing trend of contemporary democratic hybridization and constitutional retrogression in Israel. We seek to reconstruct the Israeli case as a state of affairs where a strong leadership, coupled with rising political elites, are leading to a wide-ranging political risk to the constitutional liberal-democracy, to an erosion of its democratic institutions, and to an incremental democratic backslide.

This Article contributes to the evolving recent literature in comparative constitutional law on the constitutional implications of democratic retrogression by characterizing the Israeli case as one that might be categorized as constitutional retrogression. This, as we argue, carries …

Equal Protection, The Conscientious Judge, And The 2000 Presidential Election, Jonathan L. Entin

Maryland Law Review

No abstract provided.

What's Wrong With Bush V. Gore And Why We Need To Amend The Constitution To Ensure It Never Happens Again, Jamin B. Rasking

Maryland Law Review

No abstract provided.

Symposium - Litigating The Presidency: The Election 2000 Decision And Its Ramifications For The Supreme Court - From The Editors

Maryland Law Review

No abstract provided.

Article Ii And The Florida Election Case: A Public Choice Perspective, Michael L. Wells, Jeffry M. Netter

Maryland Law Review

No abstract provided.

The Authoritative Lawsaying Power Of The State Supreme Court And The United States Supreme Court: Conflicts Of Judicial Othodoxy In The Bush-Gore Litigation, Ann Althouse

Maryland Law Review

No abstract provided.

Do Appearances Matter?: Judicial Impartiality And The Supreme Court In Bush V. Gore, Sherrilyn A. Ifill

Maryland Law Review

No abstract provided.

Maryland Campaign Finance Law: A Proposal For Reform, Carville B. Collins

Maryland Law Review

No abstract provided.

Federal Revenue Sharing, H. Rutherford Turnbull Iii

Maryland Law Review

No abstract provided.

Qualifications For Members Of Congress - Not Subject To State Control - Helman V. Collier, Sanford A. Meskin

Maryland Law Review

No abstract provided.

Regulation Of Campaign Finance - The Maryland Experience, Dwynal B. Pettengill

Maryland Law Review

No abstract provided.

The Gerrymandering Of State And Federal Legislative Districts, Neil Tabor

Maryland Law Review

No abstract provided.