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Journal

Constitutional Interpretation

Indiana Law Journal

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Full-Text Articles in Law

Protections Against Tyranny: How Article V Should Guide Constitutional Interpretation, Mary Strong Oct 2020

Protections Against Tyranny: How Article V Should Guide Constitutional Interpretation, Mary Strong

Indiana Law Journal

This Note seeks to explain what Article V means for the methods of constitutional change outside of the traditional Article V amendment process. Specifically, I argue that Article V was meant to limit the federal government from usurping power without first attaining the consent of the people. Because the Supreme Court is part of the federal government and is often considered a counter-majoritarian institution, the Court cannot extend the powers of the federal government through constitutional interpretation beyond the bounds allowed in the Constitution. Therefore, the only means to change the power structure of the federal government (the balance of …


Substitute And Complement Theories Of Judicial Review, David E. Landau Oct 2017

Substitute And Complement Theories Of Judicial Review, David E. Landau

Indiana Law Journal

Constitutional theory has hypothesized two distinct and contradictory ways in which judicial review may interact with external political and social support. One line of scholarship has argued that judicial review and external support are substitutes. Thus, “political safeguard” theorists of American federalism and the separation of powers argue that these constitutional values are enforced through the political branches, making judicial review unnecessary. However, a separate line of work, mostly composed of social scientists examining rights issues, argues that the relationship between courts and outside support is complementary—judges are unlikely to succeed in their projects unless they have sufficient assistance from …


Constitutional Authority In An Age Of Moral Indeterminacy, Ralph F. Gaebler Jan 1992

Constitutional Authority In An Age Of Moral Indeterminacy, Ralph F. Gaebler

Indiana Law Journal

No abstract provided.


What's In A Name? The Constitutionality Of Multiple "Supreme" Courts, David E. Engdahl Apr 1991

What's In A Name? The Constitutionality Of Multiple "Supreme" Courts, David E. Engdahl

Indiana Law Journal

No abstract provided.


Uniformity In Constitutional Interpretation And The Background Right To Effective Democratic Governance, Donald L. Beschle Jul 1988

Uniformity In Constitutional Interpretation And The Background Right To Effective Democratic Governance, Donald L. Beschle

Indiana Law Journal

No abstract provided.