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Articles 1 - 14 of 14

Full-Text Articles in Constitutional Law

Military Officers And The Civil Office Ban, Stephen Vladeck Jan 2018

Military Officers And The Civil Office Ban, Stephen Vladeck

Indiana Law Journal

In the symposium Essay that follows, I aim to push back against this impression by introducing readers to an important—but little-known—constraint on the militarization of civilian government: the ban on active-duty military officers holding “civil office” codified today at 10 U.S.C. § 973(b). Like its far-better-known contemporary, the Posse Comitatus Act of 1878, the civil office ban was enacted after the Civil War as a means of limiting the ability of the military to exercise control over civilian matters. As the Ninth Circuit put it in 1975, its purpose was “to assure civilian preeminence in government, i.e., to prevent the …


Unitariness And Myopia: The Executive Branch, Legal Process, And Torture, Cornelia Pillard Oct 2006

Unitariness And Myopia: The Executive Branch, Legal Process, And Torture, Cornelia Pillard

Indiana Law Journal

Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.


Regulating The Commander In Chief: Some Theories, Saikrishna Prakash Oct 2006

Regulating The Commander In Chief: Some Theories, Saikrishna Prakash

Indiana Law Journal

Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.


The War Powers Outside The Courts, William Michael Treanor Oct 2006

The War Powers Outside The Courts, William Michael Treanor

Indiana Law Journal

Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.


Finding Effective Constraints On Executive Power: Interrogation, Detention, And Torture, Deborah N. Pearlstein Oct 2006

Finding Effective Constraints On Executive Power: Interrogation, Detention, And Torture, Deborah N. Pearlstein

Indiana Law Journal

Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.


Loaded Dice And Other Problems: A Further Reflection On The Statutory Commander In Chief, Christopher H. Schroeder Oct 2006

Loaded Dice And Other Problems: A Further Reflection On The Statutory Commander In Chief, Christopher H. Schroeder

Indiana Law Journal

Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.


Foreword To: War, Terrorism And Torture: Limits On Presidential Power In The 21st Century Symposium, Dawn E. Johnsen Oct 2006

Foreword To: War, Terrorism And Torture: Limits On Presidential Power In The 21st Century Symposium, Dawn E. Johnsen

Indiana Law Journal

Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.


A Rejoinder, David E. Engdahl Jul 1975

A Rejoinder, David E. Engdahl

Indiana Law Journal

No abstract provided.


The Civil Disturbance Regulations: Threats Old And New, Dominic J. Campisi Jul 1975

The Civil Disturbance Regulations: Threats Old And New, Dominic J. Campisi

Indiana Law Journal

No abstract provided.


Veterans' Benefits, Judicial Review, And The Constitutional Problems Of Positive Government, Frederick Davis Jan 1964

Veterans' Benefits, Judicial Review, And The Constitutional Problems Of Positive Government, Frederick Davis

Indiana Law Journal

No abstract provided.


The No-War Clause In The Japanese Constitution, P. Allan Dionisopoulos Jul 1956

The No-War Clause In The Japanese Constitution, P. Allan Dionisopoulos

Indiana Law Journal

No abstract provided.


Military Trial Of Saboteurs Apr 1943

Military Trial Of Saboteurs

Indiana Law Journal

Notes and Comments: Constitutional Law


National Defense And Individual Liberties, Wilbur G. Katz Oct 1940

National Defense And Individual Liberties, Wilbur G. Katz

Indiana Law Journal

Dean Wilber G. Katz, University of Chicago Law School at the annual banquet of the Indiana State Bar Association, Fort Wayne, August 24, 1940.


Constitutional Law-Police Power-Compulsory Military In Land Grant College Mar 1935

Constitutional Law-Police Power-Compulsory Military In Land Grant College

Indiana Law Journal

No abstract provided.