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Full-Text Articles in Jurisprudence
Originalism And Congressional Power To Enforce The Fourteenth Amendment, Christopher W. Schmidt
Originalism And Congressional Power To Enforce The Fourteenth Amendment, Christopher W. Schmidt
Washington and Lee Law Review Online
In this Essay, I argue that originalism conflicts with the Supreme Court’s current jurisprudence defining the scope of Congress’ power to enforce the Fourteenth Amendment. Under the standard established in Boerne v. Flores, the Court limits congressional power under Section 5 of the Fourteenth Amendment to statutory remedies premised on judicially defined interpretations of Fourteenth Amendment rights. A commitment to originalism as a method of judicial constitutional interpretation challenges the premise of judicial interpretive supremacy in Section 5 jurisprudence in two ways. First, as a matter of history, an originalist reading of Section 5 provides support for broad judicial …
The Principle And Price Of A Living Law, Joseph C. Hutcheson, Jr.
The Principle And Price Of A Living Law, Joseph C. Hutcheson, Jr.
Washington and Lee Law Review
No abstract provided.
The Law-As I See It, E. Barrett Prettyman
The Law-As I See It, E. Barrett Prettyman
Washington and Lee Law Review
No abstract provided.