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Full-Text Articles in Law
Foreword: The Federalist Constitution, David S. Schwartz
Foreword: The Federalist Constitution, David S. Schwartz
Fordham Law Review
No abstract provided.
Without Doors: Native Nations And The Convention, Mary Sarah Bilder
Without Doors: Native Nations And The Convention, Mary Sarah Bilder
Fordham Law Review
No abstract provided.
President Madison's Living Constitution: Fixation, Liquidation, And Constitutional Politics In The Jeffersonian Era, Saul Cornell
President Madison's Living Constitution: Fixation, Liquidation, And Constitutional Politics In The Jeffersonian Era, Saul Cornell
Fordham Law Review
No abstract provided.
In Search Of Nationhood At The Founding, Jonathan Ginenapp
In Search Of Nationhood At The Founding, Jonathan Ginenapp
Fordham Law Review
No abstract provided.
The Federalist Constitution As A Project In International Law, David M. Golove, Daniel J. Hulsebosch
The Federalist Constitution As A Project In International Law, David M. Golove, Daniel J. Hulsebosch
Fordham Law Review
No abstract provided.
Article Ix, Article Iii, And The First Congress: The Original Constitutional Plan For The Federal Courts, 1787-1792, Thomas H. Lee
Article Ix, Article Iii, And The First Congress: The Original Constitutional Plan For The Federal Courts, 1787-1792, Thomas H. Lee
Fordham Law Review
No abstract provided.
Executive Power And The Rule Of Law In The Marshall Court: A Rereading Of Little V. Barreme And Murray V. Schooner Charming Betsy, Jane Manners
Fordham Law Review
This Essay uses two 1804 opinions by Chief Justice John Marshall to explicate a world in which understandings of executive power and the rule of law were very different from those that predominate today. Scholars have misread Little v. Barreme and Murray v. Schooner Charming Betsy, this Essay argues, because they apply modern assumptions about the balance of power between Congress and the executive that do not fit the Marshall Court’s constitutional vision. Contemporary interpretations read Little for the propositions that the president’s inherent wartime power may be limited by statute and that early American jurists rejected officers’ “good faith” …
Equal Footing And The States "Now Existing" Slavery And State Equality Over Time, James E. Pfander, Elena Joffroy
Equal Footing And The States "Now Existing" Slavery And State Equality Over Time, James E. Pfander, Elena Joffroy
Fordham Law Review
This Essay reexamines the question whether the Constitution empowered Congress to ban slavery in the territories. We explore that question by tracking two proposed additions to the Constitution, one that would empower Congress to ban the migration and importation of enslaved persons to all new states and territories and one that would oblige Congress to admit new states on an equal footing with the old. We show that the Federalists supported and the Convention adopted the migration provision, enabling Congress to restrict slavery to the states “now existing.” But the Federalists opposed and the Convention rejected the equal footing doctrine. …
Reframing Article I, Section 8, Richard Primus
Reframing Article I, Section 8, Richard Primus
Fordham Law Review
No abstract provided.
The Other Madison Problem, David S. Schwartz, John Mikhail
The Other Madison Problem, David S. Schwartz, John Mikhail
Fordham Law Review
The conventional view of legal scholars and historians is that James pursue a fresh and more accurate assessment of Madison and his constitutional legacy, particularly with respect to slavery. Madison was the “father” or “major architect” of the Constitution, whose unrivaled authority entitles his interpretations of the Constitution to special weight and consideration. This view greatly exaggerates Madison’s contribution to the framing of the Constitution and the quality of his insight into the main problem of federalism that the Framers tried to solve. Perhaps most significantly, it obstructs our view of alternative interpretations of the original Constitution with which Madison …
Slavery's Constitution: Rethinking The Federal Consensus, Maeve Glass
Slavery's Constitution: Rethinking The Federal Consensus, Maeve Glass
Fordham Law Review
For at least half a century, scholars of the early American Constitution By recovering this genealogy and expanding our map of the founding, this Essay offers a more complete view of the origins of one of the oldest and most consequential rules of constitutional union. In doing so, it allows us to see the institution of racial slavery not simply as one confined to a single section of the South and upheld by its peculiar doctrine of states’ rights but as a fundamentally American institution, one upheld by a rule of federal and state inaction in the face of slavery’s …
The Unwritten Constitution For Admitting States, Roderick M. Hills Jr.
The Unwritten Constitution For Admitting States, Roderick M. Hills Jr.
Fordham Law Review
The United States has experimented with several different constitutions for adding states. Of all of these regimes, the shortest lived was also the one selected by the Federalist drafters of the Constitution. Under this regime, Article IV, Section 3 bestowed on Congress broad power to govern new territories as colonies of the original states, allowing Congress to place any conditions that they pleased on their admissions. This regime was created by Federalists, like Gouvernour Morris, who were suspicious of Scots-Irish frontiersmen and eager to settle western territory using land companies who would insure that new settlers were deferential to Federalist …
Presidential Removal: The Marbury Problem And The Madison Solutions, Jed Handelsman Shugerman
Presidential Removal: The Marbury Problem And The Madison Solutions, Jed Handelsman Shugerman
Fordham Law Review
No abstract provided.
Two Federalist Constitutions Of Empire, Gregory Ablavsky
Two Federalist Constitutions Of Empire, Gregory Ablavsky
Fordham Law Review
No abstract provided.