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Testimony Before The Committee On Energy And Commerce, Subcommittee On Environment And Economics, U.S. House Of Representatives, Hearing On Constitutional Considerations: States Vs. Federal Environmental Policy Implementation July 11, 2014, Rena I. Steinzor Jul 2014

Testimony Before The Committee On Energy And Commerce, Subcommittee On Environment And Economics, U.S. House Of Representatives, Hearing On Constitutional Considerations: States Vs. Federal Environmental Policy Implementation July 11, 2014, Rena I. Steinzor

Congressional Testimony

No abstract provided.


Belling The Partisan Cats: Preliminary Thoughts On Identifying And Mending A Dysfunctional Constitutional Order, Mark A. Graber Jan 2014

Belling The Partisan Cats: Preliminary Thoughts On Identifying And Mending A Dysfunctional Constitutional Order, Mark A. Graber

Faculty Scholarship

This paper sharpens debates over whether the Constitution of the United States and the American constitutional order are presently dysfunctional, the nature of any dysfunctions, and how underlying regime flaws are likely to be corrected. Rather than focusing primarily on constitutional text, this Article explores the dynamic ways in which constitutional processes have influenced and been influenced by the structure of constitutional politics. Constitutional dysfunction is best conceptualized as the failure of a constitutional order rather than as a consequence of a flawed constitutional text, and dysfunction typically occurs when a regime is unable to transition from a dysfunctional constitutional ...


The Commerce Clause And Executive Power: Exploring Nascent Individual Rights In National Federal Of Independent Business V. Sebelius (2012), Ronald Kahn Feb 2013

The Commerce Clause And Executive Power: Exploring Nascent Individual Rights In National Federal Of Independent Business V. Sebelius (2012), Ronald Kahn

Schmooze 'tickets'

No abstract provided.


Making A Mountain Out Of A Molehill? Marbury And The Construction Of The Constitutional Canon, Amanda Rinderle, Keith E. Whittington Feb 2012

Making A Mountain Out Of A Molehill? Marbury And The Construction Of The Constitutional Canon, Amanda Rinderle, Keith E. Whittington

Schmooze 'tickets'

No abstract provided.


Liberalism And The Constitutional Canon: The 1960s And Its Aftermath, Christopher P. Matera Feb 2012

Liberalism And The Constitutional Canon: The 1960s And Its Aftermath, Christopher P. Matera

Schmooze 'tickets'

No abstract provided.


Canonizing Comparative Constitutionalism: Some Informal Suggestions For Our Schmooze, Sanford Levinson Feb 2012

Canonizing Comparative Constitutionalism: Some Informal Suggestions For Our Schmooze, Sanford Levinson

Schmooze 'tickets'

No abstract provided.


Lessons From The Anticanon (And Some Comparative Questions), Jamal Greene Feb 2012

Lessons From The Anticanon (And Some Comparative Questions), Jamal Greene

Schmooze 'tickets'

No abstract provided.


The Problem With Constitutional Borrowing: Imitation Is Not Necessarily The Sincerest Form Of Flattery, Gordon Silverstein Feb 2012

The Problem With Constitutional Borrowing: Imitation Is Not Necessarily The Sincerest Form Of Flattery, Gordon Silverstein

Schmooze 'tickets'

No abstract provided.


Grootboom At Home And Abroad: Adventures In The Construction Of A Global Constitutional Canon, Heinz Klug Feb 2012

Grootboom At Home And Abroad: Adventures In The Construction Of A Global Constitutional Canon, Heinz Klug

Schmooze 'tickets'

No abstract provided.


The Global Constitutional Canon: Some Preliminary Thoughts, Peter E. Quint Feb 2012

The Global Constitutional Canon: Some Preliminary Thoughts, Peter E. Quint

Schmooze 'tickets'

No abstract provided.


The Enforcement Of Socioeconomic Rights And The Global Constitutional Canon, Emily Zackin Feb 2012

The Enforcement Of Socioeconomic Rights And The Global Constitutional Canon, Emily Zackin

Schmooze 'tickets'

No abstract provided.


Veils, Politics, And Constitutionalism, Jill Goldenziel Feb 2012

Veils, Politics, And Constitutionalism, Jill Goldenziel

Schmooze 'tickets'

No abstract provided.


Subtraction By Addition?: The Thirteenth And Fourteenth Amendments, Mark A. Graber Jan 2012

Subtraction By Addition?: The Thirteenth And Fourteenth Amendments, Mark A. Graber

Faculty Scholarship

The celebration of the Thirteenth Amendment in many Essays prepared for this Symposium may be premature. That the Thirteenth Amendment arguably protects a different and, perhaps, wider array of rights than the Fourteenth Amendment may be less important than the less controversial claim that the Fourteenth Amendment was ratified after the Thirteenth Amendment. If the Fourteenth Amendment covers similar ground as the Thirteenth Amendment, but protects a narrower set of rights than the Thirteenth Amendment, then the proper inference may be that the Fourteenth Amendment repealed or modified crucial rights originally protected by the Thirteenth Amendment. The broad interpretation of ...


United States V. Klein, Then And Now, Gordon G. Young Jan 2012

United States V. Klein, Then And Now, Gordon G. Young

Faculty Scholarship

United States v. Klein, decided during Reconstruction, was the first Supreme Court case to invalidate a statutory restriction on federal courts’ jurisdiction. It is the only one to do so by finding a violation of Article III of the Constitution. Klein has been cited in thirty-three United States Supreme Court opinions, and roughly five hundred times each by lower federal courts and law journal articles. Recent commentators have read Klein both too broadly and narrowly. Its central holding is that Congress may not grant federal courts jurisdiction to decide a set of cases on the merits while depriving them of ...


Hollow Hopes And Exaggerated Fears: The Canon/Anticanon In Context, Mark A. Graber Dec 2011

Hollow Hopes And Exaggerated Fears: The Canon/Anticanon In Context, Mark A. Graber

Faculty Scholarship

Students of American constitutionalism should add constitutional decisions made by elected officials to the constitutional canon and the constitutional anticanon. Neither the canonical nor the anticanonical constitutional decisions by the Supreme Court have produced the wonderful results or horrible evils sometimes attributed to them. In many cases, elected officials made contemporaneous constitutional decisions that had as much influence as the celebrated or condemned judicial rulings. More often than not, judicial rulings matter more as a result of changing the political dynamics than by directly changing public policy. Law students and others interested in constitutional change, for these reasons, need to ...


Involuntary Servitude, Public Accommodations Laws, And The Legacy Of Heart Of Atlanta Motel V. United States , Linda C. Mcclain Feb 2011

Involuntary Servitude, Public Accommodations Laws, And The Legacy Of Heart Of Atlanta Motel V. United States , Linda C. Mcclain

Schmooze 'tickets'

No abstract provided.


Congressional Authority To Interpret The Thirteenth Amendment: A Response To Professor Tsesis, Jennifer Mason Mcaward Feb 2011

Congressional Authority To Interpret The Thirteenth Amendment: A Response To Professor Tsesis, Jennifer Mason Mcaward

Schmooze 'tickets'

No abstract provided.


Why Originalism Is Of So Little Use In Interpreting The Thirteenth Amendment, Henry L. Chambers Feb 2011

Why Originalism Is Of So Little Use In Interpreting The Thirteenth Amendment, Henry L. Chambers

Schmooze 'tickets'

The 13th Amendment affords two very different visions. One vision limits the 13th Amendment’s scope to ending slavery and involuntary servitude without more. The second expands the 13th Amendment’s scope to include an anti-subordination principle. Proponents of both visions rely on originalism to support their visions. Unfortunately, originalism does not help us reach a clearly correct conclusion regarding the scope of the 13th Amendment.

That is fine, because the core question regarding the interpretation of the 13th Amendment ought to be whether the amendment is constitutionally transformative. That is, does the 13th Amendment announce a constitutional principle that ...


Getting Right Without Lincoln, Daniel W. Hamilton Feb 2011

Getting Right Without Lincoln, Daniel W. Hamilton

Schmooze 'tickets'

This short piece is taken from a review of the three important books considered below. This review is part of my current exploration of the historiography of slavery and the Constitution in Civil War legal history.

Brian McGinty, Lincoln and the Court; Stephen C. Neff, Justice in Blue and Gray: A Legal History of the Civil War; Lea VanderVelde, Mrs. Dred Scott: A Life on Slavery’s Frontier


The Slavery And Involuntary Servitude Of Immigrant Workers: Two Sides Of The Same Coin, Maria L. Ontiveros Feb 2011

The Slavery And Involuntary Servitude Of Immigrant Workers: Two Sides Of The Same Coin, Maria L. Ontiveros

Schmooze 'tickets'

No abstract provided.


Liberalism, The Thirteenth Amendment, And The Seeds Of Destruction Of Reconstruction, Leslie F. Goldstein Feb 2011

Liberalism, The Thirteenth Amendment, And The Seeds Of Destruction Of Reconstruction, Leslie F. Goldstein

Schmooze 'tickets'

No abstract provided.


A Grievance Based Interpretation Of The Thirteenth Amendment, Lea Vandervelde Feb 2011

A Grievance Based Interpretation Of The Thirteenth Amendment, Lea Vandervelde

Schmooze 'tickets'

No abstract provided.


The Thirteenth Amendment And The Meaning Of Familial Bonds, Julie Novkov Feb 2011

The Thirteenth Amendment And The Meaning Of Familial Bonds, Julie Novkov

Schmooze 'tickets'

No abstract provided.


The Enduring Legacy Of The Thirteenth Amendment, Robert J. Kaczorowski Feb 2011

The Enduring Legacy Of The Thirteenth Amendment, Robert J. Kaczorowski

Schmooze 'tickets'

No abstract provided.


Congressional Authority To Interpret The Thirteenth Amendment, Alexander Tsesis Feb 2011

Congressional Authority To Interpret The Thirteenth Amendment, Alexander Tsesis

Schmooze 'tickets'

No abstract provided.


Slavery And The Phenomenology Of Torture, Sanford Levinson Feb 2011

Slavery And The Phenomenology Of Torture, Sanford Levinson

Schmooze 'tickets'

No abstract provided.


States Rights, Southern Hypocrisy, And The Crisis Of The Union, Paul Finkelman Feb 2011

States Rights, Southern Hypocrisy, And The Crisis Of The Union, Paul Finkelman

Schmooze 'tickets'

No abstract provided.


The Reconstruction Power, Jack M. Balkin Feb 2011

The Reconstruction Power, Jack M. Balkin

Schmooze 'tickets'

No abstract provided.


The Thirteenth Amendment And Constitutional Theory, Earl Maltz Feb 2011

The Thirteenth Amendment And Constitutional Theory, Earl Maltz

Schmooze 'tickets'

No abstract provided.


James Ashley And The Thirteenth Amendment, Rebecca E. Zietlow Feb 2011

James Ashley And The Thirteenth Amendment, Rebecca E. Zietlow

Schmooze 'tickets'

No abstract provided.