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Full-Text Articles in Law
The Constitutional Right To Carry Firearms On Campus, Jared A. Tuck
The Constitutional Right To Carry Firearms On Campus, Jared A. Tuck
William & Mary Law Review
Do individuals have the fundamental right under the Second Amendment to carry firearms on the campus of a public university? Additionally, can a public university totally ban firearms on its campus without impeding on the constitutional right to keep and bear arms protected by the Second Amendment? This Note will argue that individuals have a narrow, but constitutionally guaranteed, right to carry firearms on the campus of a public university. Therefore, it is beyond the power of states and public universities to totally ban firearms from campus premises.
Recovering The Lost General Welfare Clause, David S. Schwartz
Recovering The Lost General Welfare Clause, David S. Schwartz
William & Mary Law Review
The General Welfare Clause of Article I, Section 8, Clause 1 of the Constitution enumerates a power to “provide for the common defense and general welfare.” A literal interpretation of this clause (“the general welfare interpretation”) would authorize Congress to legislate for any national purpose, and therefore to address all national problems— for example, the COVID-19 pandemic—in ways that would be precluded under the prevailing understanding of limited enumerated powers. But conventional doctrine rejects the general welfare interpretation and construes the General Welfare Clause to confer the so-called “Spending Power,” a power only to spend, but not to regulate, for …