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Richard W Garnett

Selected Works

Constitution

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Articles 1 - 6 of 6

Full-Text Articles in Law

Hesburgh Lecture: Faith, Politics, And The Constitution: Understanding The Separation Of Church And State, Richard Garnett Nov 2014

Hesburgh Lecture: Faith, Politics, And The Constitution: Understanding The Separation Of Church And State, Richard Garnett

Richard W Garnett

Rick Garnett delivered Faith, Politics, and the Constitution: Understanding the Separation of Church and StateSeptember 19, 2014 Hesburgh Lecture Ares Auditorium The University of Arizona James E. Rogers College of Law Tucson, Arizona


Hesburgh Lecture Series: "Faith, Politics And The Constitution", Richard W. Garnett Mar 2014

Hesburgh Lecture Series: "Faith, Politics And The Constitution", Richard W. Garnett

Richard W Garnett

Professor Rick Garnett will deliver the Hesburgh Lecture Series "Faith, Politics and the Constitution" March 10, 2014 at 7 pm University of Montana School of Law ~ Castles Center Presented by: University of Montana School of Law and University of Notre Dame


What Does Separation Of Church And State Mean? Guest On Pbs Constitution Usa With Peter Sagal. (Video), Richard Garnett Jan 2014

What Does Separation Of Church And State Mean? Guest On Pbs Constitution Usa With Peter Sagal. (Video), Richard Garnett

Richard W Garnett

Rick Garnett was a guest on What does separation of church and state mean? on PBS Constitution USA with Peter Sagal. (video clip)


Board Meeting Prayer Bound For Supreme Court In Church-State Case, Richard Garnett Nov 2013

Board Meeting Prayer Bound For Supreme Court In Church-State Case, Richard Garnett

Richard W Garnett

ABC News quoted Rick Garnett in the article by Ariane de Vogue. Richard Garnett, an expert on church-state issues at the Notre Dame Law School says, “At the heart of this new case is whether the court should stick with a relatively bright-line rule that treats legislative prayers as presumptively permissible, given their long use in our country, or whether the court should move to more of an all-things-considered inquiry that treats such prayers like Christmas displays and the like.”


The New Federalism, The Spending Power, And Federal Criminal Law, Richard W. Garnett Nov 2013

The New Federalism, The Spending Power, And Federal Criminal Law, Richard W. Garnett

Richard W Garnett

It is difficult in constitutional-law circles to avoid the observation that we are living through a revival of federalism. Certainly, the Rehnquist Court has brought back to the public-law table the notion that the Constitution is a charter for a government of limited and enumerated powers, one that is constrained both by that charter's text and by the structure of the government it creates. This allegedly revolutionary Court seems little inclined, however, to revise or revisit its Spending Power doctrine, and it remains settled law that Congress may disburse funds in pursuit of ends not authorized explicitly in Article I …


Chief Justice Rehnquist's Enduring Democratic Constitution, Richard W. Garnett Nov 2013

Chief Justice Rehnquist's Enduring Democratic Constitution, Richard W. Garnett

Richard W Garnett

William H. Rehnquist's essay, The Notion of a Living Constitution, was delivered as the Will E. Orgain Lecture and then published thirty years ago, back when Rehnquist was still a relatively junior Associate Justice. The piece provides a clear and coherent statement of Rehnquist's judicial philosophy, and the Harvard Journal of Law and Public Policy and the Texas Law Review deserve thanks for their initiative and generosity in reproducing it, in memory of his life and work.

This introduction to Rehnquist's essay highlights his view that the Notion of a Living Constitution was to be resisted, not out of pious …