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Full-Text Articles in Legal History
Commandeering And Constitutional Change, Jud Campbell
Commandeering And Constitutional Change, Jud Campbell
Law Faculty Publications
Coming in the midst of the Rehnquist Court’s federalism revolution, Printz v. United States held that federal commandeering of state executive officers is “fundamentally incompatible with our constitutional system of dual sovereignty.” The Printz majority’s discussion of historical evidence, however, inverted Founding-era perspectives. When Federalists such as Alexander Hamilton endorsed commandeering during the ratification debates, they were not seeking to expand federal power. Quite the opposite. The Federalists capitulated to states’ rights advocates who had recently rejected a continental impost tax because Hamilton, among others, insisted on hiring federal collectors rather than commandeering state collectors. The commandeering power, it turns …
Rule Of Law Conference: Global Issues And The Rule Of Law, Lord Chief Justice Nicholas Phillips Of Worth Matravers
Rule Of Law Conference: Global Issues And The Rule Of Law, Lord Chief Justice Nicholas Phillips Of Worth Matravers
University of Richmond Law Review
No abstract provided.
Mandatory Guidelines: The Oxymoronic State Of Sentencing After United States V. Booker, Hon. Graham C. Mullen, J. P. Davis
Mandatory Guidelines: The Oxymoronic State Of Sentencing After United States V. Booker, Hon. Graham C. Mullen, J. P. Davis
University of Richmond Law Review
No abstract provided.
Federal Judicial Selection: The First Decade, Maeva Marcus
Federal Judicial Selection: The First Decade, Maeva Marcus
University of Richmond Law Review
No abstract provided.
Bork Was The Beginning: Constitutional Moralism And The Politics Of Federal Judicial Selection, Gary L. Mcdowell
Bork Was The Beginning: Constitutional Moralism And The Politics Of Federal Judicial Selection, Gary L. Mcdowell
University of Richmond Law Review
No abstract provided.
The Business Of The Supreme Court Revisited, John Paul Jones
The Business Of The Supreme Court Revisited, John Paul Jones
Law Faculty Publications
Nearly seventy years after its publication, Prof. Jones revisits Felix Frankfurter and James McCauley Landis' seminal 1928 book.