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Brigham Young University Law School

Constitutional Law

Brigham Young University Journal of Public Law

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Full-Text Articles in Law

A Modest Proposal On Supreme Court Unanimity To Constitutionally Invalidate Laws, Kyle S. Mckay Feb 2019

A Modest Proposal On Supreme Court Unanimity To Constitutionally Invalidate Laws, Kyle S. Mckay

Brigham Young University Journal of Public Law

No abstract provided.


A Modest Proposal On Supreme Court Unanimity To Constitutionally Invalidate Laws, Dwight G. Duncan Feb 2019

A Modest Proposal On Supreme Court Unanimity To Constitutionally Invalidate Laws, Dwight G. Duncan

Brigham Young University Journal of Public Law

No abstract provided.


Making The Premises About Constitutional Meaning Express: The New Originalism And Its Critics, Andre Leduc Nov 2016

Making The Premises About Constitutional Meaning Express: The New Originalism And Its Critics, Andre Leduc

Brigham Young University Journal of Public Law

No abstract provided.


Before There Were Mouseholes: Resurrecting The Non-Delegation Doctrine, Joel Hood Dec 2015

Before There Were Mouseholes: Resurrecting The Non-Delegation Doctrine, Joel Hood

Brigham Young University Journal of Public Law

No abstract provided.


Constitutional Interpretation And History: New Originalism Or Eclecticism?, Stephen M. Feldman Mar 2014

Constitutional Interpretation And History: New Originalism Or Eclecticism?, Stephen M. Feldman

Brigham Young University Journal of Public Law

The goal of originalism has always been purity. Originalists claim that their methods cleanse constitutional interpretation of politics, discretion, and indeterminacy. The key to attaining purity is history. Originalist methods supposedly discern in history a fixed constitutional meaning. Many originalists now claim that the most advanced method—the approach that reveals the purest constitutional meaning—is reasonable-person originalism. These new originalists ask the following question: When the Constitution was adopted, how would a hypothetical reasonable person have understood the text? This Article examines historical evidence from the early decades of nationhood to achieve two goals. First, it demonstrates that reasonable-person ...


Let Me Count The Ways: The Unconstitutionality Of Same-Sex-Marriage Bans, Mark Strasser Mar 2013

Let Me Count The Ways: The Unconstitutionality Of Same-Sex-Marriage Bans, Mark Strasser

Brigham Young University Journal of Public Law

No abstract provided.


The Meaning And Good Of Equality: Toward Enhanced Constitutional Principles, Scott Fitzgibbon Mar 2013

The Meaning And Good Of Equality: Toward Enhanced Constitutional Principles, Scott Fitzgibbon

Brigham Young University Journal of Public Law

No abstract provided.


“You Have The Right To Remain Silent”: Does The U.S. Constitution Require Public Affirmation Of Same-Sex Marriage?, Robert A. Destro Mar 2013

“You Have The Right To Remain Silent”: Does The U.S. Constitution Require Public Affirmation Of Same-Sex Marriage?, Robert A. Destro

Brigham Young University Journal of Public Law

No abstract provided.


The Spanish Law On Same-Sex Marriage: Constitutional Arguments, Carmen Garcimartin Mar 2013

The Spanish Law On Same-Sex Marriage: Constitutional Arguments, Carmen Garcimartin

Brigham Young University Journal of Public Law

No abstract provided.


The Constitutionality Of Same-Sex Marriage In Australia (And Other Related Issues), Augusto Zimmermann Mar 2013

The Constitutionality Of Same-Sex Marriage In Australia (And Other Related Issues), Augusto Zimmermann

Brigham Young University Journal of Public Law

No abstract provided.


Equality Principles As Asserted Justifications For Mandating The Legalization Of Same-Sex Marriage In American And Intercountry-Comparative Constitutional Law, Lynn D. Wardle Mar 2013

Equality Principles As Asserted Justifications For Mandating The Legalization Of Same-Sex Marriage In American And Intercountry-Comparative Constitutional Law, Lynn D. Wardle

Brigham Young University Journal of Public Law

No abstract provided.


Representation Without Documentation?: Unlawfully Present Aliens, Apportionment, The Doctrine Of Allegiance, And The Law, Patrick J. Charles Jul 2011

Representation Without Documentation?: Unlawfully Present Aliens, Apportionment, The Doctrine Of Allegiance, And The Law, Patrick J. Charles

Brigham Young University Journal of Public Law

No abstract provided.


Constitutional Aesthetics: Appending Amendments To The United States Constitution, Mehrdad Payandeh Jul 2011

Constitutional Aesthetics: Appending Amendments To The United States Constitution, Mehrdad Payandeh

Brigham Young University Journal of Public Law

No abstract provided.


An Opinion Without Standards: The Supreme Court's Refusal To Adopt A Standard Of Constitutional Review In District Of Columbia V. Heller Will Likely Cause Headaches For Future Judicial Review Of Gun-Control Regulations, Ryan L. Card Mar 2009

An Opinion Without Standards: The Supreme Court's Refusal To Adopt A Standard Of Constitutional Review In District Of Columbia V. Heller Will Likely Cause Headaches For Future Judicial Review Of Gun-Control Regulations, Ryan L. Card

Brigham Young University Journal of Public Law

No abstract provided.


How The Signing Statement Thought It Killed The Veto; How The Veto May Have Killed The Signing Statement, Jeremy M. Seeley May 2008

How The Signing Statement Thought It Killed The Veto; How The Veto May Have Killed The Signing Statement, Jeremy M. Seeley

Brigham Young University Journal of Public Law

No abstract provided.


The South African Civil Union Act 17 Of 2006: A Good Example Of The Dangers Of Rushing The Legislative Process, Bradley S. Smith, J. A. Robinson Mar 2008

The South African Civil Union Act 17 Of 2006: A Good Example Of The Dangers Of Rushing The Legislative Process, Bradley S. Smith, J. A. Robinson

Brigham Young University Journal of Public Law

No abstract provided.


Burying Our Constitution In The Sand? Evaluating The Ostrich Response To The Use Of International And Foreign Law In U.S. Constitutional Interpretation, Cindy G. Buys Mar 2007

Burying Our Constitution In The Sand? Evaluating The Ostrich Response To The Use Of International And Foreign Law In U.S. Constitutional Interpretation, Cindy G. Buys

Brigham Young University Journal of Public Law

No abstract provided.


Constitutional Thematics And The Peculiar Federal Marriage Amendment, Scott Dodson Mar 2006

Constitutional Thematics And The Peculiar Federal Marriage Amendment, Scott Dodson

Brigham Young University Journal of Public Law

No abstract provided.


An Amendment To Protect Marriage: Bad In Theory, Likely Worse In Practice, Mark Strasser Mar 2006

An Amendment To Protect Marriage: Bad In Theory, Likely Worse In Practice, Mark Strasser

Brigham Young University Journal of Public Law

No abstract provided.


Fear Of An Article V Convention, Arthur H. Taylor Mar 2006

Fear Of An Article V Convention, Arthur H. Taylor

Brigham Young University Journal of Public Law

No abstract provided.


Federal Constitutional Protection For Marriage: Why And How, Lynn D. Wardle Mar 2006

Federal Constitutional Protection For Marriage: Why And How, Lynn D. Wardle

Brigham Young University Journal of Public Law

No abstract provided.


That Land Is Your Land, This Land Is My Land … Until The Local Government Can Turn It For A Profit: A Critical Analysis Of Kelo V. City Of New London, Sonya D. Jones May 2005

That Land Is Your Land, This Land Is My Land … Until The Local Government Can Turn It For A Profit: A Critical Analysis Of Kelo V. City Of New London, Sonya D. Jones

Brigham Young University Journal of Public Law

No abstract provided.


Interstate Commerce And Interstate Endangered Species: The Controversy And The Need For Compromise, Paul Ziel May 2005

Interstate Commerce And Interstate Endangered Species: The Controversy And The Need For Compromise, Paul Ziel

Brigham Young University Journal of Public Law

No abstract provided.


A Constitutional Examination Of The Federal Exemptions For Native American Religious Peyote Use, Christopher Parker Mar 2001

A Constitutional Examination Of The Federal Exemptions For Native American Religious Peyote Use, Christopher Parker

Brigham Young University Journal of Public Law

No abstract provided.


The Role Of "De Minimis" Injury In The Excessive Force Determination: Taylor V. Mcduffie And The Fourth Circuit Stand Alone, Troy J. Aramburu Mar 2000

The Role Of "De Minimis" Injury In The Excessive Force Determination: Taylor V. Mcduffie And The Fourth Circuit Stand Alone, Troy J. Aramburu

Brigham Young University Journal of Public Law

No abstract provided.


Katzenbach V. Mcclung: The Abandonment Of Federalism In The Name Of Rational Basis, James M. Mcgoldrick May 1999

Katzenbach V. Mcclung: The Abandonment Of Federalism In The Name Of Rational Basis, James M. Mcgoldrick

Brigham Young University Journal of Public Law

No abstract provided.


Lifting Printz Off Dual Sovereignty: Back To A Functional Test For The Etiquette Of Federalism, Alfred R. Light May 1998

Lifting Printz Off Dual Sovereignty: Back To A Functional Test For The Etiquette Of Federalism, Alfred R. Light

Brigham Young University Journal of Public Law

No abstract provided.


There Is No Such Thing As A Harmless Constitutional Error: Returning To A Rule Of Automatic Reversal, James Edward Wicht Iii Mar 1997

There Is No Such Thing As A Harmless Constitutional Error: Returning To A Rule Of Automatic Reversal, James Edward Wicht Iii

Brigham Young University Journal of Public Law

No abstract provided.


The Meaning Of The "Unnecessary Rigor" Provision In The Utah Constitution, James G. Mclaren Mar 1996

The Meaning Of The "Unnecessary Rigor" Provision In The Utah Constitution, James G. Mclaren

Brigham Young University Journal of Public Law

No abstract provided.


Five Supreme Court Constitutions: Race-Based Scrutiny Past, Present, And Future, David Zimmerman Mar 1996

Five Supreme Court Constitutions: Race-Based Scrutiny Past, Present, And Future, David Zimmerman

Brigham Young University Journal of Public Law

No abstract provided.