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Full-Text Articles in Law
Representative Self-Government And The Declaration Of Independence, Alexander Tsesis
Representative Self-Government And The Declaration Of Independence, Alexander Tsesis
Alexander Tsesis
Legal scholars typically treat the Declaration of Independence as a purely historical document, but as this article explains, the Declaration is relevant to legislative and judicial decisionmaking. After describing why this founding document contains legal significance, I examine two contemporary legal issues through the lens of the Declaration’s prescriptions.
Section 5 of the Fourteenth Amendment grants Congress the power to make laws that enforce the civil rights clauses in the amendment’s first four sections. In City of Boerne v. Flores and its progeny, however, the Supreme Court decided that it alone can identify fundamental rights and relegated Congress’s power under …
The Tea Party And The Constitution, Christopher W. Schmidt
The Tea Party And The Constitution, Christopher W. Schmidt
Christopher W. Schmidt
This Article considers the Tea Party as a constitutional movement. I explore the Tea Party’s ambitious effort to transform the role of the Constitution in American life, examining both the substance of the Tea Party’s constitutional claims and the tactics movement leaders have embraced for advancing these claims. No major social movement in modern American history has so explicitly tied its reform agenda to the Constitution. From the time when the Tea Party burst onto the American political scene in early 2009, its supporters claimed in no uncertain terms that much recent federal government action overstepped constitutionally defined limitations. A …
America's First Wiretapping Controversy In Context And As Context, Wesley Oliver
America's First Wiretapping Controversy In Context And As Context, Wesley Oliver
Wesley M Oliver
No abstract provided.
How To Teach European Comparative Legal History. A Lund Perspective, Per Nilsén
How To Teach European Comparative Legal History. A Lund Perspective, Per Nilsén
Per Nilsén
No abstract provided.
Law And (Dis)Order: The Struggle For Black Power In Charlotte, North Carolina, 1968-1979 (In Progress), Donald F. Tibbs
Law And (Dis)Order: The Struggle For Black Power In Charlotte, North Carolina, 1968-1979 (In Progress), Donald F. Tibbs
Donald F. Tibbs
No abstract provided.