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Constitutional Law

Articles

2015

UIdaho Law

Articles 1 - 4 of 4

Full-Text Articles in Law

Civic Education, The Rule Of Law, And The Judiciary: A Republic, If You Can Keep It, Donald L. Burnett Jr. Jan 2015

Civic Education, The Rule Of Law, And The Judiciary: A Republic, If You Can Keep It, Donald L. Burnett Jr.

Articles

No abstract provided.


Community Rights And The Municipal Police Power, Stephen R. Miller Jan 2015

Community Rights And The Municipal Police Power, Stephen R. Miller

Articles

No abstract provided.


The Impact Of Obergefell: Tradition Marriage's New Lease On Life, David Pimentel Jan 2015

The Impact Of Obergefell: Tradition Marriage's New Lease On Life, David Pimentel

Articles

The Supreme Court's decision in Obergefell v. Hodges in June 2015 provided a dramatic turn in America's ongoing debate over same-sex marriage. Justice Kennedy's opinion speaks in emotionally evocative terms about the compelling societal and personal significance of marriage, holding that the right to marry is a fundamental right under the Fourteenth Amendment, a right that extends to same-sex couples. Justice Kennedy's rhetoric about the importance of marriage is noteworthy, even curious, given marriage's steady decline over the past 50 years. Just when it seemed that marriage was losing its significance in our society-because marriages are more easily ended, because …


Archetypes Of Faith: How Americans See, And Believe In, Their Constitution, Aliza Plener Cover Jan 2015

Archetypes Of Faith: How Americans See, And Believe In, Their Constitution, Aliza Plener Cover

Articles

In this Article, I offer a new framework to illuminate how American faith in the Constitution is sustained over time. I build upon the evocative Passover story of the Four Sons—one of whom is wise, one wicked, one simple, and one who does not know how to ask—and argue that these archetypes resonate deeply in the constitutional context. I identify the “wise sons” of the American constitutional community—the legal elites who maintain the vitality of the constitutional faith through a fastidious, intergenerational, yet somewhat detached analysis of the intricacies of law; the “simple sons”—the People writ large, who relate to …