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Full-Text Articles in Law
A Horrible Fascination: Segregation, Obscenity, & The Cultural Contingency Of Rights, Anders Walker
A Horrible Fascination: Segregation, Obscenity, & The Cultural Contingency Of Rights, Anders Walker
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Building on current interest in the regulation of child pornography, this article goes back to the 1950s, recovering a lost history of how southern segregationists used the battle against obscenity to counter the Supreme Court’s ruling in Brown v. Board of Education. Itself focused on the psychological development of children, Brown sparked a discursive backlash in the South focused on claims that the races possessed different cultures and that white children would be harmed joined a larger, regional campaign, a constitutional guerilla war mounted by moderates and extremists alike that swept onto cultural, First Amendment terrain even as the frontal …
Popular Constitutionalism On The Right: Lessons From The Tea Party, Christopher W. Schmidt
Popular Constitutionalism On The Right: Lessons From The Tea Party, Christopher W. Schmidt
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In this Article, I consider the lessons that the Tea Party offers for scholars of popular constitutionalism. Specifically, I argue that the experience of the Tea Party should spark a reconsideration of some assumptions that tend to drive much of the interest in popular constitutionalism. Some who have embraced popular constitutionalism seem to assume that popular constitutional mobilization is a vehicle particularly well suited for advancing progressive constitutional claims. Alternately, some have assumed that popular constitutionalism has no particular ideological or partisan valence - that it is basically a neutral vehicle for advancing constitution claims of all kinds. But the …
The Indivisible Constitution, Kermit Roosevelt Iii
The Indivisible Constitution, Kermit Roosevelt Iii
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In The Invisible Constitution, Laurence Tribe argues that many of our most deeply-held constitutional convictions are not to be found in the words of the Constitution itself. They are, instead, part of what he calls the invisible Constitution. This review essay argues that although that claim is true, it is not worth spending a book on. Moreover, its very truth—the fact that certain “invisible” constitutional propositions are as central and well-established as textual ones—undermines the value of treating the “invisible” Constitution as a qualitatively different entity.