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Full-Text Articles in Law

Book Review: The Constitution In The Supreme Court: The First Hundred Years, 1789-1888., David S. Bogen Jan 1986

Book Review: The Constitution In The Supreme Court: The First Hundred Years, 1789-1888., David S. Bogen

Faculty Scholarship

No abstract provided.


Separation Of Political Powers: Boundaries Or Balance, Alan L. Feld Jan 1986

Separation Of Political Powers: Boundaries Or Balance, Alan L. Feld

Faculty Scholarship

One of the most significant structural elements of the United States Constitution divides the political power of the government between two discrete political institutions, the Congress and the President, in order to prevent concentration of the full power of the national government in one place. This governmental structure has posed a continuing dilemma of how to allow for the shared decisionmaking necessary to effective government while maintaining the independence of each political branch. As the United States Congress reaches its two hundredth anniversary, questions concerning the relationship between Congress and the President, for a substantial time thought by legal scholars …


Comment On Professor Van Alstyne's Paper, Henry P. Monaghan Jan 1986

Comment On Professor Van Alstyne's Paper, Henry P. Monaghan

Faculty Scholarship

My major difficulty with Professor Van Alstyne's paper is its incomplete character. In the end, he makes only two points: first, judges are authorized to apply "this Constitution," not to do justice; and second, judges should not lie about what they are doing. The danger is that after a while the first point sounds somewhat empty, while the actual content of the second point seems entirely parasitic on the first.