Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Brigham Young University Law School

Constitutional Law

2012

Articles 1 - 10 of 10

Full-Text Articles in Law

Originalism And Loving V. Virginia, Steven G. Calabresi, Andrea Matthews Dec 2012

Originalism And Loving V. Virginia, Steven G. Calabresi, Andrea Matthews

BYU Law Review

No abstract provided.


Repudiating The Narrow Rule In Capital Sentencing, Scott W. Howe Dec 2012

Repudiating The Narrow Rule In Capital Sentencing, Scott W. Howe

BYU Law Review

This Article proposes a modest reform of Eighth Amendment law governing capital sentencing to spur major reform in the understanding of the function of the doctrine. The Article urges the Supreme Court to renounce a largely empty mandate known as the “narrowing” rule and the rhetoric of equality that has accompanied it. By doing so, the Court could speak more truthfully about the important but more limited function that its capital-sentencing doctrine actually pursues, which is to ensure that no person receives the death penalty who does not deserve it. The Court could also speak more candidly than it has ...


Why The National Popular Vote Compact Is Unconstitutional, Norman R. Williams Dec 2012

Why The National Popular Vote Compact Is Unconstitutional, Norman R. Williams

BYU Law Review

Unable to secure passage of a federal constitutional amendment abolishing the Electoral College, several opponents of the Electoral College have sought to establish the direct, popular election of the President via an interstate compact according to which individual signatory states agree to appoint their presidential electors in accordance with the nationwide popular vote. Ostensibly designed to prevent elections, such as the one in 2000, in which the Electoral College “misfired” and chose the candidate who received fewer popular votes, the National Popular Vote Compact has been adopted by several states, including California. In this Article, I argue that the National ...


The Dual-Faceted Federalism Framework And The Derivative Constitutional Status Of Local Governments, Michael W. Cannon Dec 2012

The Dual-Faceted Federalism Framework And The Derivative Constitutional Status Of Local Governments, Michael W. Cannon

BYU Law Review

No abstract provided.


The Constitution Limits Of The "National Consensus" Doctrine In Eighth Amendment Jurisprudence, Kevin White Nov 2012

The Constitution Limits Of The "National Consensus" Doctrine In Eighth Amendment Jurisprudence, Kevin White

BYU Law Review

No abstract provided.


Utah's Enabling Act And Congress's Enclave Clause Authority: Federalism Implications Of A Renewed State Sovereignty Movement, Spencer Driscoll Sep 2012

Utah's Enabling Act And Congress's Enclave Clause Authority: Federalism Implications Of A Renewed State Sovereignty Movement, Spencer Driscoll

BYU Law Review

No abstract provided.


Meaning And Scope Of The Restrictions Imposed By The Mexican Constitution On Ministers Of Worship, Jorge Adame Goddard Sep 2012

Meaning And Scope Of The Restrictions Imposed By The Mexican Constitution On Ministers Of Worship, Jorge Adame Goddard

BYU Law Review

No abstract provided.


Hungary's New Constitution And Its New Law On Freedom Of Religion And Churches: The Return Of The Sovereign, Renáta Uitz Sep 2012

Hungary's New Constitution And Its New Law On Freedom Of Religion And Churches: The Return Of The Sovereign, Renáta Uitz

BYU Law Review

No abstract provided.


United States V. Renzi: Reigning In The Speech Or Debate Clause To Fight Corruption In Congress Postrayburn, A.J. Green May 2012

United States V. Renzi: Reigning In The Speech Or Debate Clause To Fight Corruption In Congress Postrayburn, A.J. Green

BYU Law Review

No abstract provided.


Uneven “Neutrality”: Dual Standards And The Establishment Clause In Johnson V. Poway, Eric Jeppsen May 2012

Uneven “Neutrality”: Dual Standards And The Establishment Clause In Johnson V. Poway, Eric Jeppsen

BYU Law Review

No abstract provided.