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The Real Story Behind The Justice Department’S Implementation Of Section 5 Of The Vra: Vigorous Enforcement, As Intended By Congress, Mark A. Posner
The Real Story Behind The Justice Department’S Implementation Of Section 5 Of The Vra: Vigorous Enforcement, As Intended By Congress, Mark A. Posner
Duke Journal of Constitutional Law & Public Policy
This Article examines the manner in which the United States Department of Justice has carried out its responsibility for enforcing the preclearance requirement of Section 5 of the Voting Rights Act since its enactment in 1965. The Justice Department plays a central and preeminent role in the review of new voting laws and procedures adopted by Section 5 jurisdictions, and as Congress moves this year to extend Section 5 beyond its current 2007 expiration date, the question whether the Department has faithfully implemented Section 5 may play an important part in the anticipated Supreme Court review of the constitutionality of …
Genderless Marriage, Institutional Realities, And Judicial Elision, Monte Neil Stewart
Genderless Marriage, Institutional Realities, And Judicial Elision, Monte Neil Stewart
Duke Journal of Constitutional Law & Public Policy
The stuff of the marriage debate is not static. That is particularly true in the courts, where the legal definition of marriage is debated most thoroughly and most consequentially. This article addresses one of the new arguments advanced in support of man/woman marriage now drawing judicial attention, the argument from social institutional studies. The social institutional argument is a sufficient answer to the variety of constitutional challenges leveled against man/woman marriage. Yet to date, the courts holding for genderless marriage have chosen (consciously it appears) to elude rather than engage argument.
Popular Sovereignty, Judicial Supremacy, And The American Revolution: Why The Judiciary Cannot Be The Final Arbiter Of Constitutions, William J. Watkins Jr.
Popular Sovereignty, Judicial Supremacy, And The American Revolution: Why The Judiciary Cannot Be The Final Arbiter Of Constitutions, William J. Watkins Jr.
Duke Journal of Constitutional Law & Public Policy
The development of constitutional government in Great Britain and America is inseparable from the debate and the conflict over sovereignty. In Britain, parliamentary sovereignty triumphed over the divine right of kings to form the foundation of British liberty. In America, popular sovereignty triumphed over parliamentary/legislative sovereignty to render government the servant of the people. Without acceptance of popular sovereignty, judicial review would likely be unknown in the United States. Under parliamentary/legislative sovereignty, the legislative body exercises ultimate authority over statutory law and fundamental law. The legislature can make or repeal law as it sees fit. With the exception of revolution, …
Why The Supreme Court Was Wrong About The Solomon Amendment, Erwin Chemerinsky
Why The Supreme Court Was Wrong About The Solomon Amendment, Erwin Chemerinsky
Duke Journal of Constitutional Law & Public Policy
The Supreme Court in Rumsfeld v. FAIR abandoned basic First Amendment principles. The decision cannot be reconciled with other cases concerning freedom of speech and association. Indeed, if followed, Rumsfeld v. FAIR sets a disturbing and dangerous precedent.
Journal Staff
Duke Journal of Constitutional Law & Public Policy
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