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Full-Text Articles in Law
Judiciary: Know Thy Place, Thomas L. Jipping
Judiciary: Know Thy Place, Thomas L. Jipping
University of Richmond Law Review
Alexander Hamilton wrote in The Federalist No.78 that the judiciary "has no influence over ... the purse."' Yet in Missouri v. Jenkins, the Supreme Court approved indirect judicial taxation. Hamilton wrote that the judiciary "will always be the least dangerous" and "beyond comparison the weakest" branch of government. Yet in Roe v. Wade, the Supreme Court created out of nothing a right to choose abortion, invalidated the abortion laws of all fifty states developed over more than a century, and shut millions of Americans out of the process of developing public policy on this important political issue. Hamilton wrote that …
The Supreme Court's Role: Guarantor Of Individual And Minority Group Rights, Nadine Strossen
The Supreme Court's Role: Guarantor Of Individual And Minority Group Rights, Nadine Strossen
University of Richmond Law Review
We have just celebrated the Bicentennial of the United States Bill of Rights, a marvelous document that not only has been used to secure a broad range of freedoms for many people in this country, but also has inspired and served as a model for liberty-loving peoples the world over. However, the freedoms enunciated in the Bill of Rights - as well as in other Constitutional provisions - are not self-enforcing.
Reagan, Bush And The Supreme Court, Arthur J. Kropp
Reagan, Bush And The Supreme Court, Arthur J. Kropp
University of Richmond Law Review
What may be the most significant achievement of the Reagan-Bush years is one we have only begun to appreciate: the radical revolution in the federal courts. After nearly three terms of conservative presidents bent on remaking the federal judiciary, the courts have been transformed. They are far more conservative, and, despite Administration rhetoric to the contrary, decidedly more activist.
A Social-Conservative Comment On The New Supreme Court, Gary L. Bauer
A Social-Conservative Comment On The New Supreme Court, Gary L. Bauer
University of Richmond Law Review
I recall seeing a column, not long ago, which referred to the Supreme Court as increasingly "a right-wing playground." Liberal groups may be able to raise funds off this impression, but if conservatives rely on it, they are in for a rude awakening when the gavel falls.
Saving The Honorable Court: Assessing The Proper Role Of The Modern Supreme Court, Michael Allan Wolf
Saving The Honorable Court: Assessing The Proper Role Of The Modern Supreme Court, Michael Allan Wolf
University of Richmond Law Review
There are few greater delights in legal scholarship than the opportunity to have the last word in a symposium featuring distinguished - and dramatically differing - viewpoints. The thirteen contributions that precede this afterword offer a provocative and representative set of reactions to the ongoing debate over the role of the Supreme Court in the American polity. This debate is by no means new, or even middle-aged. The struggle over the confirmation of Associate Justice Clarence Thomas is but the latest in a long line of pressure points in American constitutional history - events such as controversial Supreme Court decisions, …