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Articles 1 - 10 of 10
Full-Text Articles in Rule of Law
Taking Care Of Federal Law, Leah Litman
Taking Care Of Federal Law, Leah Litman
Articles
Article II of the Constitution vests the “executive power” in the President and directs the President to “take Care that the Laws be faithfully executed.” But do these provisions mean that only the President may execute federal law? Two lines of Supreme Court precedent suggest conflicting answers to that question. In several prominent separation-of-powers cases, the Court has suggested that only the President may execute federal law: “The Constitution requires that a President chosen by the entire Nation oversee the execution of the laws.” Therefore, the Court has reasoned, Congress may not create private rights of action that allow nonexecutive …
Emergency Federalism: Calling On The States In Perilous Times, Adam M. Giuliano
Emergency Federalism: Calling On The States In Perilous Times, Adam M. Giuliano
University of Michigan Journal of Law Reform
The attacks of September 11 prompted a historic debate concerning terrorism and domestic emergency response. This ongoing dialogue has driven policy decisions touching upon both liberty and security concerns. Yet despite the enormous effort that has gone into the national response, the role of the sovereign states, and with it federalism, has received comparatively little attention. This Article explores the relevance of federalism within the context of the "War on Terror" and in the aftermath of Hurricane Katrina. Acknowledging that theories of federalism developed elsewhere are insufficient, he outlines a doctrine of 'emergency federalism.' The author argues that the Framers …
Population Changes And Constitutional Amendments: Federalism Versus Democracy, Peter Suber
Population Changes And Constitutional Amendments: Federalism Versus Democracy, Peter Suber
University of Michigan Journal of Law Reform
To amend the federal Constitution, we need the assent of two-thirds of each house of Congress and three-fourths of the states. This Article focuses on the three-fourths requirement for the states. This threshold is particularly high, and it suggests that constitutional amendment is very difficult. In fact, amendment is difficult in different degrees for different constituencies, depending not on their numbers but on where they live.
Socialism And Federation, John N. Hazard
Socialism And Federation, John N. Hazard
Michigan Law Review
Federal structures are often established by national founders to manage intractable problems created over generations, if not centuries, by the migration of peoples. Military and economic pressures may stimulate union to assure survival, but ethnic, racial or religious tensions sometimes hamper draftsmen who sense the need for unity. Federation has often been the modem solution to the conflict between the need for unity and the desire for autonomy felt by groups fearing the loss of identity.
Socialist Federation--A Legal Means To The Solution Of The Nationality Problem: A Comparative Study, Viktor Knapp
Socialist Federation--A Legal Means To The Solution Of The Nationality Problem: A Comparative Study, Viktor Knapp
Michigan Law Review
The history of federations is both long and short. It is long in that the federation originated with the Swiss Confederation, which dates back to the 1291 defense confederacy of the cantons of Uri, Schwyz and Unterwalden; it is short because the second federation in world history, one that has become a model for many others, did not come into being until almost five centuries later in America.
Constitutional Interpretation, Terrance Sandalow
Constitutional Interpretation, Terrance Sandalow
Articles
"[We] must never forget," Chief Justice Marshall admonished us in a statement pregnant with more than one meaning, "that it is a constitution we are expounding."' Marshall meant that the Constitution should be read as a document "intended to endure for ages.to come, and, consequently, to be adapted to the various crises of human affairs."'2 But he meant also that the construction placed upon the document must have regard for its "great outlines" and "important objects."'3 Limits are implied by the very nature of the task. There is not the same freedom in construing the Constitution as in constructing a …
Local Government In Sweden, Terrance Sandalow
Local Government In Sweden, Terrance Sandalow
Articles
Ever since the publication of Marquis Childs' The Middle Way, Americans of liberal persuasion have tended to point to Sweden as a model, a nation which simultaneously has achieved rapid economic growth, eliminated poverty, and maintained individual and political freedom. Swedish cities, and especially Stockholm, are reputed to be among the best planned in the world. Yet, for all the admiration that has been expressed, there has been surprisingly little investigation by Americans of the legal and governmental framework within which the Swedes have accomplished so much. The modest aim of this paper is to report the major outlines of …
The Constitutions Of West Germany And The United States: A Comparative Study, Paul G. Kauper
The Constitutions Of West Germany And The United States: A Comparative Study, Paul G. Kauper
Michigan Law Review
The purpose of this article is to present a descriptive overall picture of the fundamental features of the system established by the Basic Law and at the same time point up significant comparisons and contrasts by reference to the Constitution. Eleven years have now elapsed since the Basic Law went into effect, and significant decisions of the Federal Constitutional Court (Bundesverfassungsgericht ) noted at the appropriate points, serve to illuminate the working of the system established by it.
Leach & Sugg, Jr.: The Administration Of Interstate Compacts, Joseph E. Kallenbach
Leach & Sugg, Jr.: The Administration Of Interstate Compacts, Joseph E. Kallenbach
Michigan Law Review
A Review of The Administration of Interstate Compacts. By Richard H. Leach and Redding S. Sugg, Jr.
The Guarantee Of Order And Republican Government In The States, Thomas M. Cooley
The Guarantee Of Order And Republican Government In The States, Thomas M. Cooley
Articles
A short time ago, the whole country was plunged into a condition of anxiety and excitement by the conflicting claims to the executive authority in one of the States, and by the preparations made, and measures set on foot, to support them.