Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Akhil Amar (1)
- Bill of Rights (1)
- Constitution (1)
- Constitutional interpretation (1)
- Constitutional theory (1)
-
- Detention of persons (1)
- Gender (1)
- Habeas corpus (1)
- Historic preservation (1)
- John McCain (1)
- Judicial review (1)
- Land Use Planning (1)
- Legal History (1)
- Military courts (1)
- Mount Vernon (1)
- National and international topics (1)
- New orginalism (1)
- Ninth Amendment (1)
- Original public meaning (1)
- Originalism (1)
- Presidency (1)
- Property-Personal and Real (1)
- Semantic originalism (1)
- State and Local Government Law (1)
- Term of art (1)
- Textualism (1)
- Women (1)
Articles 1 - 4 of 4
Full-Text Articles in Legal History
Brief Of Legal Historians As Amici Curiae In Support Of Petitioners, Boumediene V. Bush, Nos. 06-1195, 06-1196 (U.S. Aug. 24, 2007), James Oldham
U.S. Supreme Court Briefs
No abstract provided.
The Intersection Of Gender And Early American Historic Preservation: A Case Study Of Ann Pamela Cunningham And Her Mount Vernon Preservation Effort, Jill Teehan
Georgetown Law Historic Preservation Papers Series
American historic preservationists universally credit Ann Pamela Cunningham, the woman who saved George Washington's Mount Vernon home, as the chief architect of the historic preservation movement in the United States. However, little scholarship has considered how Cunningham's social position as a woman significantly contributed to her ability to save Mount Vernon, and thus jumpstart a national movement to save historically significant places. Using Cunningham and the organization she formed, the Mount Vernon Ladies' Association of the Union (MVLA), widely regarded as the nation's first historic preservation society, this paper considers the intersection of gender and early historic preservation in the …
Taking Text Too Seriously: Modern Textualism, Original Meaning, And The Case Of Amar's Bill Of Rights, William Michael Treanor
Taking Text Too Seriously: Modern Textualism, Original Meaning, And The Case Of Amar's Bill Of Rights, William Michael Treanor
Georgetown Law Faculty Publications and Other Works
Championed on the Supreme Court by Justices Scalia and Thomas and championed in academia most prominently by Professor Akhil Amar, textualism has in the past twenty years emerged as a leading school of constitutional interpretation. Textualists argue that the Constitution should be interpreted in accordance with its original public meaning and, in seeking that meaning, they closely parse the Constitution's words and grammar and the placement of clauses in the document. They have assumed that this close parsing recaptures original meaning, but, perhaps because it seems obviously correct, that assumption has neither been defended nor challenged. This article uses Professor …
Originalism And The Natural Born Citizen Clause, Lawrence B. Solum
Originalism And The Natural Born Citizen Clause, Lawrence B. Solum
Georgetown Law Faculty Publications and Other Works
The enigmatic phrase "natural born citizen" poses a series of problems for contemporary originalism. New originalists, like Justice Scalia, focus on the public meaning of the constitutional text, but the notion of a "natural born citizen" was likely a term of art, derived from the idea of a "natural born subject" in English law--a category that most likely did not extend to persons, like John McCain, who were born outside sovereign territory. But the constitution speaks of "citizens" and not "subjects," introducing uncertainties and ambiguities that might (or might not) make McCain eligible for the presidency.
What was the original …