Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication Type
Articles 1 - 3 of 3
Full-Text Articles in Law
A Rhetoric For Ratification: The Argument Of The Federalist And Its Impact On Constitutional Interpretation, Dan T. Coenen
A Rhetoric For Ratification: The Argument Of The Federalist And Its Impact On Constitutional Interpretation, Dan T. Coenen
Duke Law Journal
Courts, lawyers, and scholars have long assumed that The Federalist Papers supply important information for use in constitutional argument and interpretation. In recent years, commentators have questioned this view. Their skepticism grows out of two major concerns. First, Justice Scalia's challenge to the use of legislative history in the statutory context casts a cloud over judicial use of background texts such as The Federalist in seeking the meaning of the Constitution. Second, even if courts may rely on some background materials in interpreting the Constitution, there is reason to conclude that The Federalist. does not qualify as the sort of …
The Rhetoric For Ratification: The Argument Of "The Federalist" And Its Impact On Constitutional Interpretation, Dan T. Coenen
The Rhetoric For Ratification: The Argument Of "The Federalist" And Its Impact On Constitutional Interpretation, Dan T. Coenen
Scholarly Works
Courts, lawyers, and scholars have long assumed that The Federalist Papers supply important information for use in constitutional argument and interpretation. In recent years, commentators have questioned this view. Their skepticism grows out of two major concerns. First, Justice Scalia's challenge to the use of legislative history in the statutory context casts a cloud over judicial use of background texts such as The Federalist in seeking the meaning of the Constitution. Second, even if courts may rely on some background materials in interpreting the Constitution, there is reason to conclude that The Federalist does not qualify as the sort of …
The Relation Of The Federal And The State Judiciary To Each Other, Horace R. Lurton
The Relation Of The Federal And The State Judiciary To Each Other, Horace R. Lurton
Michigan Law Review
In the very cordial invitation extended to me by the distinguished President of your Bar Association to participate in the observance of this occasion it was urged that I should make a short address upon the relations of the Federal and State Judiciary to each other. As a reason for my taking this particular subject it was suggested by him that I had had the advantage of a considerable service under both systems.