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Series

Constitution

2011

Discipline
Institution
Publication

Articles 1 - 30 of 49

Full-Text Articles in Law

Lincoln: The Constitution And The Civil War: An Exhibition, Laura E. Ray Dec 2011

Lincoln: The Constitution And The Civil War: An Exhibition, Laura E. Ray

Law Library Research Guides - Archived

January 4 - February 17, 2012, the C|M|Law Library hosts the traveling exhibition Lincoln: The Constitution and the Civil War, an examination of how President Lincoln used the Constitution to confront three intertwined crises of the Civil War - the secession of Southern states, slavery, and wartime civil liberties. The materials highlighted in this guide offer opportunities to further explore the exhibition's themes and assess how Lincoln’s struggles still resonate with constitutional issues today.

The traveling exhibition was organized by the National Constitution Center and the American Library Association (ALA) Public Programs Office, and made possible by a ...


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 ...


Government By Contract And The Structural Constitution, Kimberly L. Wehle Dec 2011

Government By Contract And The Structural Constitution, Kimberly L. Wehle

All Faculty Scholarship

Although private parties have performed government functions throughout most of Western history, mainstream administrative law scholarship is dotted with concerns over the extent to which modern federal government activities are outsourced to private contractors. Federal contractors routinely exercise authority that is classically “executive” in nature. They write regulations, interpret laws, administer foreign aid, manage nuclear weapons sites and intelligence operations, interrogate detainees, control borders, design surveillance systems, and provide military support in combat zones. Administrative law places few constraints on private contractors, and prevailing constitutional principles — the state action and private delegation doctrines, in particular — are either inept at holding ...


A Brave New World Of Stop And Frisk, Ronald J. Bacigal Oct 2011

A Brave New World Of Stop And Frisk, Ronald J. Bacigal

Law Faculty Publications

In this article, the author Ron Bacigal discusses the editorials, The Shame of New York by Bob Herbert and Fighting Crime Where the Criminals Are by Heather MacDonald. These editorials were prompted by the New York City Police Department's release of figures regarding "stop and frisk" incidents within New York City.' MacDonald and Herbert reacted to the same statistical report by putting two very different spins on the raw data. While it's always helpful to compile empirical evidence, Bacigal suggests that we also need to look beyond the mere numbers. If you put aside anecdotal versions of encounters ...


The Unconstitutionality Of The Filibuster, Josh Chafetz May 2011

The Unconstitutionality Of The Filibuster, Josh Chafetz

Cornell Law Faculty Publications

This Article, written for the Connecticut Law Review's 2010 "Is Our Constitutional Order Broken?" symposium, argues that the filibuster, as currently practiced, is unconstitutional.

After a brief introduction in Part I, Part II describes the current operation of the filibuster. Although the filibuster is often discussed in terms of "unlimited debate," this Part argues that its current operation is best understood in terms of a sixty-vote requirement to pass most bills and other measures through the Senate.

Part III presents a structural argument that this supermajority requirement for most Senate business is unconstitutional. This Part argues that the words ...


F10rs Sgb No. 6 (Ccc), Landry, Terracciano, Eveland Apr 2011

F10rs Sgb No. 6 (Ccc), Landry, Terracciano, Eveland

Student Senate Enrolled Legislation

No abstract provided.


F10rs Sgb No. 1 (Election Code), Bonvillain, Alexander, Elmore, B Jones, D Jones, Lemoine, Vaughn, Wells Apr 2011

F10rs Sgb No. 1 (Election Code), Bonvillain, Alexander, Elmore, B Jones, D Jones, Lemoine, Vaughn, Wells

Student Senate Enrolled Legislation

No abstract provided.


Awakening The Press Clause, Sonja R. West Apr 2011

Awakening The Press Clause, Sonja R. West

Scholarly Works

The Free Press Clause enjoys less practical significance than almost any other constitutional provision. While recognizing the structural and expressive importance of a free press, the Supreme Court has never recognized explicitly any right or protection as emanating solely from the Press Clause. Recently in the Court’s Citizens United decision, Justices Stevens and Scalia reignited the 30-year-old debate over whether the Press Clause has any function separate from the Speech Clause.

The primary roadblock to recognizing independent meaning in the Press Clause is the definitional problem - who or what is the “press”? Others have attempted to define the press ...


The Tea Party And The Constitution, Christopher W. Schmidt Mar 2011

The Tea Party And The Constitution, Christopher W. Schmidt

All Faculty Scholarship

This Article considers the Tea Party as a constitutional movement. I explore the Tea Party’s ambitious effort to transform the role of the Constitution in American life, examining both the substance of the Tea Party’s constitutional claims and the tactics movement leaders have embraced for advancing these claims. No major social movement in modern American history has so explicitly tied its reform agenda to the Constitution. From the time when the Tea Party burst onto the American political scene in early 2009, its supporters claimed in no uncertain terms that much recent federal government action overstepped constitutionally defined ...


Law, History, And Feminism, Tracy A. Thomas Mar 2011

Law, History, And Feminism, Tracy A. Thomas

Akron Law Publications

This is the introduction to the book, Feminist Legal History. This edited collection offers new visions of American legal history that reveal women’s engagement with the law over the past two centuries. It integrates the stories of women into the dominant history of the law in what has been called “engendering legal history,” (Batlan 2005) and then seeks to reconstruct the assumed contours of history.

The introduction provides the context necessary to appreciate the diverse essays in the book. It starts with an overview of the existing state of women’s legal history, tracing the core events over the ...


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.


Constitutional Politics, Constitutional Law, And The Thirteenth Amendment, Michael Les Benedict Feb 2011

Constitutional Politics, Constitutional Law, And The Thirteenth Amendment, Michael Les Benedict

Schmooze 'tickets'

No abstract provided.


Popular Constitutionalism On The Right: Lessons From The Tea Party, Christopher W. Schmidt Jan 2011

Popular Constitutionalism On The Right: Lessons From The Tea Party, Christopher W. Schmidt

All Faculty Scholarship

In this Article, I consider the lessons that the Tea Party offers for scholars of popular constitutionalism. Specifically, I argue that the experience of the Tea Party should spark a reconsideration of some assumptions that tend to drive much of the interest in popular constitutionalism. Some who have embraced popular constitutionalism seem to assume that popular constitutional mobilization is a vehicle particularly well suited for advancing progressive constitutional claims. Alternately, some have assumed that popular constitutionalism has no particular ideological or partisan valence - that it is basically a neutral vehicle for advancing constitution claims of all kinds. But the lessons ...


Constitutional Rigidity In Kosovo: Significance, Outcomes, And Rationale, Fisnik Korenica, Dren Doli Jan 2011

Constitutional Rigidity In Kosovo: Significance, Outcomes, And Rationale, Fisnik Korenica, Dren Doli

Pace International Law Review Online Companion

This article discusses the issue of constitutional rigidity from the perspective of the Constitution of Kosovo. At the outset, the article analyzes the amendment procedure within the Constitution and its nature in terms of the actors and procedures involved. Next, the article questions the nature of constitutional rigidity in Kosovo and seeks to address the position of veto players. Arguing that the Constitution of Kosovo is rather rigid, the article then questions the significance of constitutional rigidity in light of the model of separation of powers, human rights, and the Constitutional Court’s constitutional “updating” role. The article concludes that ...


Plus Or Minus One: The Thirteenth And Fourteenth Amendments, Mark A. Graber Jan 2011

Plus Or Minus One: The Thirteenth And Fourteenth Amendments, Mark A. Graber

Faculty Scholarship

The consensus that the Fourteenth Amendment incorporates the Thirteenth Amendment has come under sharp criticism in recent years. Several new works suggest that the Thirteenth Amendment, properly interpreted, protects some substantive rights not protected by the Fourteenth Amendment. Some of this scholarship is undoubtedly motivated by an effort to avoid hostile Supreme Court precedents. Nevertheless, more seems to be going on than mere litigation strategy. Scholars detected different rights and regime principles in the Thirteenth Amendment than they find in the Fourteenth Amendment. The 2011 Maryland Constitutional Law Schoomze, to which this is an introduction, provided an opportunity for law ...


A Higher Law: Abraham Lincoln's Use Of Biblical Imagery, Wilson Huhn Jan 2011

A Higher Law: Abraham Lincoln's Use Of Biblical Imagery, Wilson Huhn

Akron Law Publications

Lincoln’s use of biblical imagery in seven of his works: the Peoria Address, the House Divided Speech, his Address at Chicago, his Speech at Lewistown, the Word Fitly Spoken fragment, the Gettysburg Address, and the Second Inaugural. Lincoln uses biblical imagery to express the depth of his own conviction, the stature of the founders of this country, the timeless and universal nature of the principles of the Declaration, and the magnitude of our moral obligation to defend those principles. Lincoln persuaded the American people to embrace the standard “all men are created equal” and to make it part of ...