Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Preconstitutional Federal Power, Matthew L.M. Fletcher
Preconstitutional Federal Power, Matthew L.M. Fletcher
Matthew L.M. Fletcher
In two fields of constitutional law, the Supreme Court has acknowledged that the federal government may possess preconstitutional power, or national authority derived not from the Constitution but from the very fact of sovereignty. This Article analyzes the two areas of law – the Foreign Affairs Power and the Indian Affairs Power – and assesses their viability in future cases. The case recognizing a preconstitutional Foreign Affairs Power resting with the Executive branch, United States v. Curtiss-Wright Export Corp., suffers from poor historical reasoning and has little precedential weight in modern foreign affairs cases, but has never been overruled. The …
Book Review -- Making Indian Law: The Hualapai Land Case And The Birth Of Ethnohistory, Matthew L.M. Fletcher
Book Review -- Making Indian Law: The Hualapai Land Case And The Birth Of Ethnohistory, Matthew L.M. Fletcher
Matthew L.M. Fletcher
No abstract provided.