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Full-Text Articles in Law
Constitutional Circularity, Michael B. Abramowicz
Constitutional Circularity, Michael B. Abramowicz
GW Law Faculty Publications & Other Works
In supporting the invocation of stare decisis in constitutional cases, the Supreme Court has maintained that its decisions affect how the people conceptualize the government and their rights. Such an argument, which prioritizes contemporary understands of the Constitution over both the intentions of Framers and the nuances of doctrine, suggests that constitutional decisions may affect the meaning of the Constitution itself. In this Article, Professor Abramowicz offers a positive account demonstrating that the Court has used this type of argument, which he dubs “constitutional circularity,” and provides a normative critique. The positive account is relevant not only because it identifies …
The Undersea World Of Foreign Relations Federalism, Edward T. Swaine
The Undersea World Of Foreign Relations Federalism, Edward T. Swaine
GW Law Faculty Publications & Other Works
Uncertainty surrounds the field of foreign relations federalism. The Supreme Court has left lower courts to decide significant issues with little guidance, the Constitution provides little direct instruction, and the tension between national and state authority creates policy arguments on both sides based on uncertain conceptions on injury to these interests. Scholars should seize the opportunity to explore new functions and values for states in today’s globalized world.