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William & Mary Law Review

2008

Constitutional Law

Articles 1 - 9 of 9

Full-Text Articles in Law

Tempest In An Empty Teapot: Why The Constitution Does Not Regulate Gerrymandering, Larry Alexander, Saikrishna B. Prakash Oct 2008

Tempest In An Empty Teapot: Why The Constitution Does Not Regulate Gerrymandering, Larry Alexander, Saikrishna B. Prakash

William & Mary Law Review

Judges and scholars are convinced that the Constitution forbids gerrymandering that goes "too far"--legislative redistrictings that are too partisan, too focused on race, etc. Gerrymanders are said to be unconstitutional for many reasons-they dilute votes, they are anti-democratic, and they generate uncompetitive elections won by extremist candidates. Judges and scholars cite numerous clauses that gerrymanders supposedly violate- the Equal Protection Clause, the Guarantee Clause, and even the First Amendment. We dissent from this orthodoxy. Most of these claims rest on the notion that the Constitution establishes certain ideals about representation in legislatures and about the outcome and conduct of elections. …


Baghdad, Tokyo, Kabul….Constitution Making In Occupied States, Zachary Elkins, Tom Ginsburg, James Melton Mar 2008

Baghdad, Tokyo, Kabul….Constitution Making In Occupied States, Zachary Elkins, Tom Ginsburg, James Melton

William & Mary Law Review

No abstract provided.


Popular Authorship And Constitution Making: Comparing And Contrasting The Drc And Kenya, James Thuo Gathii Mar 2008

Popular Authorship And Constitution Making: Comparing And Contrasting The Drc And Kenya, James Thuo Gathii

William & Mary Law Review

No abstract provided.


What's In A Name? Reflections On Timing, Naming, And Constitution-Making, Vicki C. Jackson Mar 2008

What's In A Name? Reflections On Timing, Naming, And Constitution-Making, Vicki C. Jackson

William & Mary Law Review

No abstract provided.


Quintessential Elements Of Meaningful Constitutions In Post-Conflict States, William W. Van Alstyne Mar 2008

Quintessential Elements Of Meaningful Constitutions In Post-Conflict States, William W. Van Alstyne

William & Mary Law Review

No abstract provided.


Could And Should America Have Made An Ottoman Republic In 1919?, Paul D. Carrington Mar 2008

Could And Should America Have Made An Ottoman Republic In 1919?, Paul D. Carrington

William & Mary Law Review

No abstract provided.


Expanding Participation In Constitution Making: Challenges And Opportunities, Angela M. Banks Mar 2008

Expanding Participation In Constitution Making: Challenges And Opportunities, Angela M. Banks

William & Mary Law Review

No abstract provided.


Conciliatory Institutions And Constitutional Processes In Post-Conflict States, Donald L. Horowitz Mar 2008

Conciliatory Institutions And Constitutional Processes In Post-Conflict States, Donald L. Horowitz

William & Mary Law Review

No abstract provided.


Constitution Making At The Edges Of Constituional Order, Karol Edward Soltan Mar 2008

Constitution Making At The Edges Of Constituional Order, Karol Edward Soltan

William & Mary Law Review

No abstract provided.