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Slaves To Fashion: A Thirteenth Amendment Litigation Strategy To Abolish Sweatshops In The Garment Industry, Samantha C. Halem
Slaves To Fashion: A Thirteenth Amendment Litigation Strategy To Abolish Sweatshops In The Garment Industry, Samantha C. Halem
San Diego Law Review
Viewed as a relic of a bygone era, modem legal teaching largely ignores the Thirteenth Amendment. Few constitutional law textbooks give it any more than a passing glance.' After all, slavery was abolished in the United States in 1863. While it is true that some scholars have suggested new applications for the Civil War Amendment legal practitioners have found few practical applications. This Article proposes a real world application of the Thirteenth Amendment to a current real world problem. Legal practitioners have under-utilized the Thirteenth Amendment. They should employ the Thirteenth Amendment as a valuable tool for fighting slavery and …
The Irony Of Constitutional Democracy: Federalism, The Supreme Court, And The Seventeenth Amendment, Ralph A. Rossum
The Irony Of Constitutional Democracy: Federalism, The Supreme Court, And The Seventeenth Amendment, Ralph A. Rossum
San Diego Law Review
The thesis of this Article can be stated briefly: The founding generation clearly understood that federalism would be protected primarily by the mode of electing the United States Senate. The adoption and ratification of the Seventeenth Amendment, providing for direct election of the Senate,' changed all that. The Seventeenth Amendment was ultimately approved by the United States Congress and ratified by the states to make the Constitution more democratic. Progressives argued forcefully, persistently, and successfully that the democratic principle required the Senate to be elected directly by the people rather than indirectly through their state legislatures. The consequences of the …