Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 6 of 6
Full-Text Articles in Law
A Response To Justice Thomas Brennan's Remarks At The Thomas M. Cooley Law School Article V Symposium, William W. Van Alstyne
A Response To Justice Thomas Brennan's Remarks At The Thomas M. Cooley Law School Article V Symposium, William W. Van Alstyne
Faculty Publications
No abstract provided.
Constitutional Thematics And The Peculiar Federal Marriage Amendment, Scott Dodson
Constitutional Thematics And The Peculiar Federal Marriage Amendment, Scott Dodson
Faculty Publications
These symposium remarks are a discussion of themes running through the Constitution, how the FMA, if adopted, might affect those themes, and why we ought to care. I first demonstrate that our Constitution is a thematic document, filled with broad, recognizable, and (mostly) coherent concepts. Separation of powers, representative democracy, federalism, individual liberty, and equality come readily to mind. I then explain that the thematic nature and the inter-coherence of these themes is critical in two ways: to identify those values held to be fundamental in our society, and to assist in the interpretation of the Constitution. The themes in …
What Do You Think About The Twenty-Seventh Amendment?, William W. Van Alstyne
What Do You Think About The Twenty-Seventh Amendment?, William W. Van Alstyne
Faculty Publications
No abstract provided.
A Symbolic Balanced Budget Amendment, Neal Devins
A Symbolic Balanced Budget Amendment, Neal Devins
Faculty Publications
No abstract provided.
Notes On A Bicentennial Constitution, Part I: Processes Of Change, William W. Van Alstyne
Notes On A Bicentennial Constitution, Part I: Processes Of Change, William W. Van Alstyne
Faculty Publications
With the approach of the Bill of Rights bicentennial, this paper takes the cause for celebration as an equally important occasion for critique. This work argues that the most distinguishing aspects of our Constitution are not the Bill of Rights, federalism, and separation of powers, but rather the availability of judicial review, the political insulation of federal judges, and the limited mechanisms available for constitutional change.
Current Challenge To Federalism: The Confederating Proposals, William F. Swindler
Current Challenge To Federalism: The Confederating Proposals, William F. Swindler
Faculty Publications
Professor Swindler treats the three recently proposed constitutional amendments as the culmination of state frustration at the evolution of ascendant federalism especially as embodied in modern Supreme Court decisions. Equating the proposals, in effect, to the fragmented system under the Articles of Confederation, he rejects them as contrary to the weight of constitutional history. The Constitution having established a new concept of federalism-an amalgam of the people of the United States-the author concludes that representative government is the essence of that federalism and that neither the states, their legislatures, nor their courts can have authority in the area of activity …