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Full-Text Articles in Constitutional Law
Chisholm V. Georgia (1793): Laying The Foundation For Supreme Court Precedent, Abigail Stanger
Chisholm V. Georgia (1793): Laying The Foundation For Supreme Court Precedent, Abigail Stanger
The Cardinal Edge
No abstract provided.
Quiescent Sovereignty Of U.S. Territories, Michael J. Kelly
Quiescent Sovereignty Of U.S. Territories, Michael J. Kelly
Marquette Law Review
Under modern democratic theory, the font of sovereignty springs from the people; however, traces of its past as a power emanating from the Crown continue to haunt the domestic and international status of sub-sovereign legal entities such as U.S. Territories. Quiescent sovereignty describes that which is possessed by the people of the Territories; a sovereignty that is theirs, but that is wielded on their behalf by the federal government. Although fiduciary responsibilities attach to this arrangement, cycles of attention/neglect are the modus vivendi. Bilateral relationships between the Territories and the federal government are varied, but such differences should not impact …
The Indian Removal Act: Jackson, Sovereignty And Executive Will, Daniele Celano
The Indian Removal Act: Jackson, Sovereignty And Executive Will, Daniele Celano
The Purdue Historian
From King Andrew I to Old Hickory, Andrew Jackson had no shortage of nicknames symbolic of the opposing opinions of the president responsible for the forced removal of all Native peoples from the American South. While on its face the Indian Removal Act of 1830 appears to be little more than a racist executive order purporting large-scale land theft, the Act was also a manifestation of executive power and competing constitutional interpretations of sovereignty. In using his presidential authority to demand Indian removal, Jackson not only restructured national Indian policy, but further challenged both the power balance between state and …