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Full-Text Articles in Law
Liberty V. Elections: Minority Rights And The Failure Of Direct Democracy, David A. Schultz
Liberty V. Elections: Minority Rights And The Failure Of Direct Democracy, David A. Schultz
David A Schultz
Majority rule and special interest politics can threaten individual rights. Madisonian democracy addresses this threat through constitutional mechanisms such as a bill of rights, checks and balances, and representation. The Progressive Era reforms of initiative, referendum, and recall were adopted as a means to further democracy and break entrenched politics captured by interest groups. Yet it is not clear if these experiments in direct democracy have protected rights, let alone confined special interest politics. Using the 2012 Minnesota constitutional amendments on marriage and voter ID as examples,, this paper argues that elections, constitutional politics, and the use of initiative and …
Don’T’ Know Much About History: Constitutional Text, Practice, And Presidential Power, David A. Schultz
Don’T’ Know Much About History: Constitutional Text, Practice, And Presidential Power, David A. Schultz
David A Schultz
Assertions of presidential supremacy and power in affairs often invoke history, including events during the administration of George Washington, to defend their assertions. This article raises some questions regarding what we can learn from history for constitutional argument. It concedes generally that historical facts can support or buttress constitution argument, but more specifically it contends that acts undertaken by George Washington are problematic assertions for presidential power, especially those that assert “supremacist” or broad if not exclusive claims for presidential foreign policy authority. To do that, this article first describes how history is employed as constitutional argument for presidential power. …
Wealth V. Democracy: The Unfulfilled Promise Of The Twenty-Fourth Amendment., David A. Schultz
Wealth V. Democracy: The Unfulfilled Promise Of The Twenty-Fourth Amendment., David A. Schultz
David A Schultz
The Twenty-Fourth Amendment banning the poll tax is a constitutional curiosity. With the single exception of one Court decision, the Amendment has never been successfully invoked to protect the right to vote. This article seeks to unsilence and resurrect the Twenty-Fourth Amendment and to make the case for a broader interpretation of it that takes off from where decisions such as Harman and Harper end. Specifically, the Article seeks to disconnect the poll tax from a narrow reading of its legacy during the Jim Crow era when its primary purpose was to disenfranchise African-Americans. Instead, the poll tax should be …
Wealth V. Democracy: The Unfulfilled Promise Of The Twenty-Fourth Amendment, David A. Schultz
Wealth V. Democracy: The Unfulfilled Promise Of The Twenty-Fourth Amendment, David A. Schultz
David A Schultz
Abstract: The adoption of the Twenty-Fourth Amendment banning poll taxes in federal elections was intended to protect franchise rights and increase voter turnout. However, since its adoption it has yet to be successfully invoked to invalidate any practice, including poll taxes and most recently voter photo IDs. This article seeks to resurrect the Twenty-Fourth Amendment and to make the case for a broader interpretation of it. Specifically, the Article seeks to disconnect the poll tax from a narrow reading of its legacy during the Jim Crow era when its primary purpose was to disenfranchise African-Americans. Instead, the poll tax should …
Wealth V. Democracy: The Unfulfilled Promise Of The Twenty-Fourth Amendment, David A. Schultz
Wealth V. Democracy: The Unfulfilled Promise Of The Twenty-Fourth Amendment, David A. Schultz
David A Schultz
The adoption of the Twenty-Fourth Amendment banning poll taxes in federal elections was intended to protect franchise rights and increase voter turnout. However, since its adoption and initial use in Harman v. Forssenius, it has yet to be successfully invoked to invalidate any practice, most recently voter photo IDs. This article seeks to resurrect the Twenty-Fourth Amendment and to make the case for a broader interpretation of it. Specifically, the Article seeks to disconnect the poll tax from a narrow reading of its legacy during the Jim Crow era when its primary purpose was to disenfranchise African-Americans. Instead, the poll …
“Regulating The Political Thicket: Congress, The Courts, And State Reapportionment Commissions", David A. Schultz
“Regulating The Political Thicket: Congress, The Courts, And State Reapportionment Commissions", David A. Schultz
David A Schultz
No abstract provided.
Democracy On Trial: Terrorism, Crime, And National Security Policy In A Post 9-11 World, David A. Schultz
Democracy On Trial: Terrorism, Crime, And National Security Policy In A Post 9-11 World, David A. Schultz
David A Schultz
Post 9-11 concerns in the United States, among the European Union (EU) members, and other western democracies regarding international terrorism forced convergence of the traditionally distinct policy areas of domestic criminal justice and national security. This convergence has produced several policy and institutional conflicts that pit individual rights against homeland security, domestic law and institutions against international norms and tribunals, and criminal justice agencies against national security organizations. This Article examines regime responses to international terrorism, principally in the United States, in comparison to the European Union, seeking to describe the consequences of the merger of criminal justice norms with …
Democracy On Trial: Terrorism, Crime, And National Security Policy In A Post 9-11 World., David A. Schultz
Democracy On Trial: Terrorism, Crime, And National Security Policy In A Post 9-11 World., David A. Schultz
David A Schultz
Post 9-11 concerns in the United States, among the European Union (EU) members, and other western democracies regarding international terrorism forced convergence of the traditionally distinct policy areas of domestic criminal justice and national security. This convergence has produced several policy and institutional conflicts that pit individual rights against homeland security, domestic law and institutions against international norms and tribunals, and criminal justice agencies against national security organizations. This Article examines regime responses to international terrorism, principally in the United States, in comparison to the European Union, seeking to describe the consequences of the merger of criminal justice norms with …
The Party’S Over: Partisan Gerrymandering And The First Amendment, David A. Schultz
The Party’S Over: Partisan Gerrymandering And The First Amendment, David A. Schultz
David A Schultz
No abstract provided.
“What’S Yours Can Be Mine: Are There Any Private Takings After City Of New London V. Kelo?” , David A. Schultz
“What’S Yours Can Be Mine: Are There Any Private Takings After City Of New London V. Kelo?” , David A. Schultz
David A Schultz
This article examines the use of eminent domain in light of the Kelo v. City of New London Supreme Court decision. After a review of state takings litigation the conclusion is that the courts can and still do find that private takings can occur but that the judiciary is able to protect against them.