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Full-Text Articles in Law
Conscription And The Constitution: The Original Understanding, Leon Friedman
Conscription And The Constitution: The Original Understanding, Leon Friedman
Michigan Law Review
The general words of the Constitution-famous phrases such as "due process," "freedom of speech," "interstate commerce," and "raise and support armies"-are not self-evident concepts. As Justice Frankfurter said, "The language of the [Constitution] is to be read not as barren words found in a dictionary but as symbols of historic experience illumined by the presuppositions of those who employed them. Not what words did Madison and Hamilton use, but what was it in their minds which they conveyed?" While the framers obviously could not have foreseen the discovery of electromagnetic radio waves or atomic energy, and had no "intent" concerning …
An Address: The Constitution And The Dilemma Of Historicism, Roger S. Ruffin
An Address: The Constitution And The Dilemma Of Historicism, Roger S. Ruffin
San Diego Law Review
In thinking about the Constitution, we should keep in mind the commonplaces that lace our thinking. We must keep them in sight at both levels: content and character, commonplace and commonplaceness–else their importance may escape us. Maitland’s view that "the history of law must be a history of ideas" is one such commonplace. Another was noticed by Edward Corwin: the "commonplace that every age has its own peculiar categories of thought; its speculations are carried on in a vocabulary which those who would be understood by it must adopt . . . ." These are tow of the commonplaces of …
Sturm & Whitaker: Implementing A New Constitution: The Michigan Experience, Walter D. De Vries
Sturm & Whitaker: Implementing A New Constitution: The Michigan Experience, Walter D. De Vries
Michigan Law Review
A Review of Implementing a New Constitution: The Michigan Experience by Albert L. Sturm and Margaret Whitaker
Schwartz: Rights Of The Person, Hans A. Linde
Schwartz: Rights Of The Person, Hans A. Linde
Michigan Law Review
A Review of Rights of the Person by Bernard Schwartz
Mary Beth Tinker Takes The Constitution To School, Theodore F. Denno
Mary Beth Tinker Takes The Constitution To School, Theodore F. Denno
Fordham Law Review
No abstract provided.