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Full-Text Articles in Law
Original Intent V. Revisionism: The Great Constitutional Debate, Eric Barnes
Original Intent V. Revisionism: The Great Constitutional Debate, Eric Barnes
Brigham Young University Prelaw Review
The due process clause is one of the many battlegrounds upon which two diametrically opposed camps of judicial decision makers fight out their rulings-rulings which effect the mass of citizenry and the balance of power in America's constitutional system. These opposing camps are the originalists and revisionists.
Era And The Bill Of Rights, Teresa Haddock
Era And The Bill Of Rights, Teresa Haddock
Brigham Young University Prelaw Review
The Equal Rights Amendment (ERA) proposed by Congress on 22 March 1972 would have become valid if ratified by three-fourths of the states within a seven year period from the date of submission. Thirty-five of the required thirty-eight states ratified the amendment. Before the time expired, Idaho, Nebraska, Tennessee, Kentucky, and South Dakota had all attempted to rescind their ratifications, but were denied the option to change their vote. Also, in October of 1978, Congress decided to extend the seven-year period until 30 June 1982. Four members of the Idaho legislature brought suit in Idaho vs. Freeman. The plaintiffs argument …
Limits Of First Amendment Rights, Troy Salisbury
Limits Of First Amendment Rights, Troy Salisbury
Brigham Young University Prelaw Review
Under the First Amendment of the Constitution such rights as the freedom of speech and assembly and other basic rights are set forth. People often feel that unpopular groups such as flag-burners or skinheads should have their First Amendment rights limited. Often individuals find it hard to tolerate the radical opinions of these groups. Nevertheless, their rights can only be restricted if, in the course of their actions, they directly infringe upon the rights of others. This point can be better illustrated by discussing a hypothetical situation in which a group's rights would have to be limited.