Open Access. Powered by Scholars. Published by Universities.®
- Institution
Articles 1 - 5 of 5
Full-Text Articles in Law
Did The Slaves Author The Thirteenth Amendment? An Essay In Redemptive History, Guyora Binder
Did The Slaves Author The Thirteenth Amendment? An Essay In Redemptive History, Guyora Binder
Journal Articles
American constitutional interpretation is deeply traditionalist, and privileges original intent. The difficulty with thus authorizing the past in interpreting the Thirteenth Amendment is that it purports to abolish custom and tradition as unjust. This essay argues that, given the Amendment’s denunciation of the polity that enacted it as illegitimate, its questionable formal pedigree, and the agency of the slaves in precipitating, defining, and resolving the crisis that enabled it, the slaves have a moral claim to status as its authors. It follows that the original intent guiding interpretation should be that of the slaves themselves.
What Is A State Constitution?, James A. Gardner
What Is A State Constitution?, James A. Gardner
Journal Articles
No abstract provided.
Severability, John C. Nagle
Severability, John C. Nagle
Journal Articles
When a court holds a provision of a statute unconstitutional, a question remains regarding the validity of the remainder of the statute. The court may find that the unconstitutional provision may be severed from the statute and leave the remainder of the statute in effect. Alternatively, the court may hold that the unconstitutional provision cannot be severed and invalidate the entire statute.
This article argues that the jurisprudence surrounding the issue of severability is confusing and inconsistent. After explaining the concept of severability and its ramifications for statutes, I trace the development of the current judicial test for determining when …
Book Review, G. Marcus Cole
Book Review, G. Marcus Cole
Journal Articles
G. Marcus Cole provides a thorough review of Towards a Post-Apartheid Future: Political & Economic Relations in Southern Africa by Gavin Maasdorp & Alan Whiteside (New York: St. Martin's Press, 1992).
Foreword: Religious Participation In Public Debate, Matthew Steffey
Foreword: Religious Participation In Public Debate, Matthew Steffey
Journal Articles
No abstract provided.