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Series

Constitution

Law Faculty Articles and Essays

Articles 1 - 4 of 4

Full-Text Articles in Law

Saving The Press Clause From Ruin: The Customary Origins Of A 'Free Press' As Interface To The Present And Future, Kevin F. O'Neill, Patrick J. Charles Jan 2012

Saving The Press Clause From Ruin: The Customary Origins Of A 'Free Press' As Interface To The Present And Future, Kevin F. O'Neill, Patrick J. Charles

Law Faculty Articles and Essays

Based on a close reading of original sources dating back to America's early colonial period, this article offers a fresh look at the origins of the Press Clause. Then, applying those historical findings, the article critiques recent scholarship in the field and reassesses the Press Clause jurisprudence of the Supreme Court. Finally, the article describes the likely impact of its historical findings if ever employed by the Court in interpreting the Press Clause.


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.


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 ...