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Full-Text Articles in Law
The Framers' Intent: John Adams, His Era, And The Fourth Amendment, Thomas K. Clancy
The Framers' Intent: John Adams, His Era, And The Fourth Amendment, Thomas K. Clancy
Indiana Law Journal
No abstract provided.
Resolving Conflicts Of Constitution: Inside The Dominican Republic's Constitutional Ban On Abortion, Mia So
Resolving Conflicts Of Constitution: Inside The Dominican Republic's Constitutional Ban On Abortion, Mia So
Indiana Law Journal
No abstract provided.
First Amendment Investigations And The Inescapable Pragmatism Of The Common Law Of Free Speech, Lawrence Rosenthal
First Amendment Investigations And The Inescapable Pragmatism Of The Common Law Of Free Speech, Lawrence Rosenthal
Indiana Law Journal
No abstract provided.
Signing Unconstitutional Laws, William Baude
Signing Unconstitutional Laws, William Baude
Indiana Law Journal
It has become fairly common for Presidents to sign laws that they think are unconstitutional, at least in part. Some scholars argue that this is unconstitutional. Others defend it, but on pragmatic grounds, as if one cannot afford to be a constitutional formalist in today’s government.
Both sides are wrong. In a wide range of cases, there is nothing wrong with signing unconstitutional laws. Indeed, it is required. Yet the President must exercise this power responsibly. He must have other constitutional duties that justify signing the remainder of the bill into law, and he must be prepared to use his …