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Courts

2003

Federal government

Articles 1 - 9 of 9

Full-Text Articles in Law

Protecting The Constitution From The People: Juricentric Restrictions On Section Five Power, Robert C. Post, Reva B. Siegel Jan 2003

Protecting The Constitution From The People: Juricentric Restrictions On Section Five Power, Robert C. Post, Reva B. Siegel

Indiana Law Journal

Symposium: Congressional Power in the Shadow of the Rehnquist Court: Strategies for the Future held at Indiana University Law School, February 1-2, 2002.

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Federalism And The Public Good: The True Story Behind The Religious Land Use And Institutionalized Persons Act, Marci A. Hamilton Jan 2003

Federalism And The Public Good: The True Story Behind The Religious Land Use And Institutionalized Persons Act, Marci A. Hamilton

Indiana Law Journal

Symposium: Congressional Power in the Shadow of the Rehnquist Court: Strategies for the Future held at Indiana University Law School, February 1-2, 2002.

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Environmental Law, Congress, And The Court's New Federalism Doctrine, Christopher H. Schroeder Jan 2003

Environmental Law, Congress, And The Court's New Federalism Doctrine, Christopher H. Schroeder

Indiana Law Journal

Symposium: Congressional Power in the Shadow of the Rehnquist Court: Strategies for the Future held at Indiana University Law School, February 1-2, 2002.

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Getting Off The Dole: Why The Court Should Abandon Its Spending Doctrine, And How A Too-Clever Congress Could Provoke It To Do So, Lynn A. Baker, Mitchell N. Berman Jan 2003

Getting Off The Dole: Why The Court Should Abandon Its Spending Doctrine, And How A Too-Clever Congress Could Provoke It To Do So, Lynn A. Baker, Mitchell N. Berman

Indiana Law Journal

Symposium: Congressional Power in the Shadow of the Rehnquist Court: Strategies for the Future held at Indiana University Law School, February 1-2, 2002.

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Sovereignty And Democracy: The States' Obligations To Their Citizens Under Federal Statutory Law, Lauren K. Robel Jan 2003

Sovereignty And Democracy: The States' Obligations To Their Citizens Under Federal Statutory Law, Lauren K. Robel

Indiana Law Journal

Symposium: Congressional Power in the Shadow of the Rehnquist Court: Strategies for the Future held at Indiana University Law School, February 1-2, 2002.

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Constricting Remedies: The Rehnquist Judiciary, Congress, And Federal Power, Judith Resnik Jan 2003

Constricting Remedies: The Rehnquist Judiciary, Congress, And Federal Power, Judith Resnik

Indiana Law Journal

Symposium: Congressional Power in the Shadow of the Rehnquist Court: Strategies for the Future held at Indiana University Law School, February 1-2, 2002.

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Thayerian Deference To Congress And Supreme Court Supermajority Rule: Lessons From The Past, Evan H. Caminker Jan 2003

Thayerian Deference To Congress And Supreme Court Supermajority Rule: Lessons From The Past, Evan H. Caminker

Indiana Law Journal

Symposium: Congressional Power in the Shadow of the Rehnquist Court: Strategies for the Future held at Indiana University Law School, February 1-2, 2002.

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Ronald Reagan And The Rehnquist Court On Congressional Power: Presidential Influences On Constitutional Change, Dawn E. Johnsen Jan 2003

Ronald Reagan And The Rehnquist Court On Congressional Power: Presidential Influences On Constitutional Change, Dawn E. Johnsen

Indiana Law Journal

Symposium: Congressional Power in the Shadow of the Rehnquist Court: Strategies for the Future held at Indiana University Law School, February 1-2, 2002.

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Constitutional Existence Conditions And Judicial Review, Matthew D. Adler, Michael C. Dorf Jan 2003

Constitutional Existence Conditions And Judicial Review, Matthew D. Adler, Michael C. Dorf

Faculty Scholarship

Although critics of judicial review sometimes call for making the entire Constitution nonjusticiable, many familiar norms of constitutional law state what we call "existence conditions" that are necessarily enforced by judicial actors charged with the responsibility of applying, and thus as a preliminary step, identifying, propositions of sub-constitutional law such as statutes. Article I, Section 7, which sets forth the procedures by which a bill becomes a law, is an example: a putative law that did not go through the Article I, Section 7 process and does not satisfy an alternative test for legal validity (such as the treaty-making provision …

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