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Full-Text Articles in Law

Brief Of Amici Curiae Michael L. Rosin, David G. Post, David F. Forte, Michael Stokes Paulsen, And Sotirios Barber In Support Of Presidential Electors, David F. Forte, Michael L. Rosin, David G. Post, Michael Stokes Paulsen, Sotirios Barber Mar 2020

Brief Of Amici Curiae Michael L. Rosin, David G. Post, David F. Forte, Michael Stokes Paulsen, And Sotirios Barber In Support Of Presidential Electors, David F. Forte, Michael L. Rosin, David G. Post, Michael Stokes Paulsen, Sotirios Barber

Law Faculty Briefs and Court Documents

The Framers of the Constitution crafted the Electoral College to be an independent institution with the responsibility of selecting the President and Vice-President. Therefore, they intended each elector to exercise independent judgment in deciding whom to vote for. A state cannot revise the Constitution unilaterally by reducing the elector to a ministerial agent who must vote in a particular way or face a sanction. The question of each elector’s moral or political obligation is not before the Court. Nor is the desirability of the current electoral system. Rather, this case turns on what the Constitution allows, and what it prohibits. …


Review: Voices Of American Law: Us Supreme Court Cases Meet The 21st Century, Lauren M. Collins Apr 2008

Review: Voices Of American Law: Us Supreme Court Cases Meet The 21st Century, Lauren M. Collins

Law Faculty Articles and Essays

Review of documentary series Voices of American Law (Thomas B. Metzloff & Sarah Wood, producers)


Commenting On The Views Of Roger Pilon, Arthur R. Landever Oct 2006

Commenting On The Views Of Roger Pilon, Arthur R. Landever

Law Faculty Presentations and Testimony

Professor Landever comments upon the views of Roger Pilon of the Cato Institute on interpretation of the U.S. Constitution.


Conservatism And The Rehnquist Court, David F. Forte Jan 1993

Conservatism And The Rehnquist Court, David F. Forte

Law Faculty Articles and Essays

Now that the Supreme Court has been overwhelmingly staffed by appointees of Republican Presidents, we can ask: To what extent have they been faithful to the original version of the Constitution as articulated during its early years? How have they revivified the structural protections? How have they communicated an ethical sense of their own role in the structure? The answer, unfortunately, is that the record remains disappointing.


"The Right To Bear Arms": Two Views, Lee Fisher, David C. Tryon Jul 1991

"The Right To Bear Arms": Two Views, Lee Fisher, David C. Tryon

Law Faculty Articles and Essays

The authors provide varying opinions on the Second Amendment.


Those Indispensable Articles Of Confederation-Stage In Constitutionalism, Passage For The Framers, And Clue To The Nature Of The Constitution, Arthur R. Landever Jan 1989

Those Indispensable Articles Of Confederation-Stage In Constitutionalism, Passage For The Framers, And Clue To The Nature Of The Constitution, Arthur R. Landever

Law Faculty Articles and Essays

The author considers the Articles, first on the world's stage as a landmark. He next treats the Articles as a means of readying the Framers for constitution-making in 1787. The Articles would be a crucible, training ground, and failed model to draw upon. He then discusses the pragmatic and complex legal culture which produced the Articles, and ultimately, our open-textured Constitution.


Ideology And History, David F. Forte Jan 1979

Ideology And History, David F. Forte

Law Faculty Articles and Essays

I do not dispute the philosophical validity of the theory of natural rights. Indeed, I support much, if not most, of the principles embodied in that theory. What I wish to discuss is that to which Dr. Vieira claims to have limited his discussion, viz., the belief that history, specifically American constitutional history, provides a sufficient base to support a natural rights theory. His attempt to find historical support is an instructive example of how ideology can distort the data of history and cause it to be portrayed in a strange and unreal light. Beyond that, Vieira's historical method also …