Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Constitutional Law

2010

PDF

Dean A Cantalupo Esq.

Articles 1 - 3 of 3

Full-Text Articles in Law

The Several States Within The United States Constitution, Dean A. Cantalupo Esq. Jun 2010

The Several States Within The United States Constitution, Dean A. Cantalupo Esq.

Dean A Cantalupo Esq.

This paper argues that the States, frequently referred to as the "several States" are an explicit and distinct body of power provided for in the United States Constitution. The several States serve as an instrumental body of power within the Constitution, just as the traditionally recognized Legislative, Executive and Judicial bodies of power are associated with being provided for in Articles I, II, and III.


"Shall Be Bound Thereby": Structural Incorporation Via Article Vi, Dean A. Cantalupo Esq. Jun 2010

"Shall Be Bound Thereby": Structural Incorporation Via Article Vi, Dean A. Cantalupo Esq.

Dean A Cantalupo Esq.

This paper argues that certain provisions of the Bill of Rights, those that pertain to the administration of justice, were incorporated in 1791 against the States via the provision in Article VI binding State judges to the Constitution.


Treason As A State Crime, Thomas Wilson Dorr, Ex Parte Dorr, Dean A. Cantalupo May 2010

Treason As A State Crime, Thomas Wilson Dorr, Ex Parte Dorr, Dean A. Cantalupo

Dean A Cantalupo Esq.

2010 version: For Thomas Wilson Dorr, Treason was a State crime. It is understood by most people that Treason within the United States Constitution is a crime against the national authority, the United States, the Union. Notwithstanding that common understanding, Treason within the United States Constitution is also a State crime, and this is made clear by the plain language of the United States Constitution, as well as many cases of Treason against a State that may be found in the American case reporters. The fundamental textual authority within the Constitution that empowers the United States federal government with legitimate ...