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Texas's "Operation Lone Star": The Supremacy Clause And Dual Federalism In Light Of Arizona V. United States, Reynaldo Ramirez, Jr
Texas's "Operation Lone Star": The Supremacy Clause And Dual Federalism In Light Of Arizona V. United States, Reynaldo Ramirez, Jr
Texas A&M Law Review
The Supremacy Clause of Article Six of the United States Constitution was enacted to remedy the failures of the Articles of Confederation. Initially, the states enjoyed near-boundless state sovereignty in nearly all aspects of the first federalist government. However, in practice, the necessity of federal supremacy for conducting the business of governing obligated the states to prioritize national interests above the states’ sovereignty. To do so required revision of the Articles of Confederation. This drafting culminated in the contentious ratification of the Constitution in 1788, including the Supremacy Clause and the Tenth Amendment. That said, ratifying the Supremacy Clause and …
Manuel V. City Of Joliet: Pursuing A Claim Under The Fourth Amendment, Lynda Hercules Charleson
Manuel V. City Of Joliet: Pursuing A Claim Under The Fourth Amendment, Lynda Hercules Charleson
Texas A&M Law Review
In Justice Kagan’s majority opinion in Manuel v. City of Joliet, the Supreme Court held that the Fourth Amendment governs a claim sought under 42 U.S.C.A. § 1983 for unlawful pretrial detention, even after the start of the legal process. Following the “broad consensus among the circuit courts,” the Court overturned the Seventh Circuit’s holding that pretrial detention following the start of the legal process was a claim under the Due Process Clause instead of the Fourth Amendment. This note will argue that the Court’s majority opinion correctly held that the Fourth Amendment governs a claim for unlawful pretrial …