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Full-Text Articles in Law
Paying For Gun Violence, Samuel D. Brunson
Paying For Gun Violence, Samuel D. Brunson
Faculty Publications & Other Works
Gun violence is an outsized problem in the United States. Between a culture that allows for relatively unconstrained firearm ownership and a constitutional provision that ensures that ownership will continue to be relatively unchecked, it has proven virtually impossible for politicians to address the problem of gun violence. And yet, gun violence costs the United States tens of billions of dollars or more annually. These tens of billions of dollars are negative externalities — costs that gun owners do not bear themselves, and thus that are imposed on the victims of violence and on taxpayers generally.
What can we do …
War Is More Than A Political Question: Reestablishing Original Constitutional Norms, John C. Dehn
War Is More Than A Political Question: Reestablishing Original Constitutional Norms, John C. Dehn
Faculty Publications & Other Works
Since World War II, it has become increasingly common practice for presidents to use non-defensive military force abroad without obtaining congressional pre-approval, thereby leaving Congress with no meaningful role in the decision. This modern practice is clearly at odds with the Constitution’s text and original meaning. A wealth of scholarly commentary concludes that the Constitution grants Congress alone the power to authorize non-defensive military force. Although not expressly mentioned in the Constitution, ample commentary also concludes that a president has inherent constitutional power only to defend the nation from an actual or impending attack.
This Essay rejects the notion that …