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Jennifer Mason McAward

Civil rights

Publication Year

Articles 1 - 2 of 2

Full-Text Articles in Law

The Civil Rights Legacy Of Fr. Theodore M. Hesburgh, C.S.C., Jennifer Mason Mcaward Jun 2019

The Civil Rights Legacy Of Fr. Theodore M. Hesburgh, C.S.C., Jennifer Mason Mcaward

Jennifer Mason McAward

This Speech will discuss Fr. Hesburgh's advocacy on these core civil rights issues-education, employment, housing, and voting rights-and how his work changed the face of this country. The story of Fr. Hesburgh's civil rights advocacy is a key to understanding how he emerged-in the words of Vice President Biden-as "one of the most powerful unelected officials this nation has ever seen."


Mcculloch And The Thirteenth Amendment, Jennifer Mason Mcaward Nov 2013

Mcculloch And The Thirteenth Amendment, Jennifer Mason Mcaward

Jennifer Mason McAward

Section 2 of the Thirteenth Amendment gives Congress the “power to enforce” the ban on slavery and involuntary servitude “by appropriate legislation.” The conventional view of Section 2 regards this language as an allusion to McCulloch v. Maryland’s explication of Congress’s executory powers, and holds that Congress has substantial, and largely unreviewable, power to determine both the ends and the means of Section 2 legislation. This Essay argues that the conventional view departs from the original meaning of Section 2. It demonstrates that McCulloch preserved a role for judicial review with respect to both the ends and means of federal …