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Articles 1 - 17 of 17

Full-Text Articles in Social and Behavioral Sciences

Executive Unilateralism And Individual Rights In A Federalist System, Meredith Mclain, Sharece Thrower Jun 2021

Executive Unilateralism And Individual Rights In A Federalist System, Meredith Mclain, Sharece Thrower

William & Mary Bill of Rights Journal

Presidents have a wide array of tools at their disposal to unilaterally influence public policy, without the direct approval of Congress or the courts. These unilateral actions have the potential to affect a variety of individual rights, either profitably or adversely. Governors too can employ unilateral directives for similar purposes, often impacting an even wider range of rights. In this Article, we collect all executive orders and memoranda related to individual rights issued between 1981 and 2018 at the federal level, and across the U.S. states, to analyze their use over time. We find that chief executives of all kinds …


"Great Variety Of Relevant Conditions, Political Social And Economic": The Constitutionality Of Congressional Deadlines On Amendment Proposals Under Article V, Danaya C. Wright Jan 2020

"Great Variety Of Relevant Conditions, Political Social And Economic": The Constitutionality Of Congressional Deadlines On Amendment Proposals Under Article V, Danaya C. Wright

William & Mary Bill of Rights Journal

Within a year or two, the thirty-eighth state is likely to ratify the Equal Rights Amendment (ERA), setting up an unprecedented constitutional challenge. The ERA was proposed with a seven-year deadline in the resolving clause, establishing the mode of ratification. That was a shift from earlier precedents in which a deadline had been placed in the text of the amendment proposal itself. Article V is annoyingly silent on the issue of congressional deadlines in amendment proposals, and the Supreme Court has never addressed the issue of a deadline that could void an otherwise properly ratified amendment. The practice of placing …


An Illiberal Union, Sonu Bedi May 2018

An Illiberal Union, Sonu Bedi

William & Mary Bill of Rights Journal

This Article breaks new ground by applying the philosophical framework of liberal neutrality (most famously articulated by John Rawls) to the United States Supreme Court’s jurisprudence on marriage. At first blush, the Court’s decision in Obergefell v. Hodges—the culmination of marriage rights—seems to affirm a central principle of liberalism, namely equal access to marriage regardless of sexual orientation. Gays and lesbians can finally take part in an institution that celebrates the union of two committed individuals. But perversely, in its attempt to expand access to marriage, the Court has simultaneously entrenched values that are antithetical to the basic tenants …


The Narrowing Of Federal Power By The American Political Capital, David Fontana Apr 2015

The Narrowing Of Federal Power By The American Political Capital, David Fontana

William & Mary Bill of Rights Journal

This Essay--—prepared for a symposium hosted by the William & Mary Bill of Rights Journal on the future of the District of Columbia--—argues that American federal power can be better understood by considering the features of the metropolitan area that houses the most important parts of the American federal government. In other American metropolitan areas and in most capital metropolitan areas elsewhere in the world, local life features multiple and diverse industries. Washington is the metropolitan area that houses the most important parts of the American federal government, and Washington is dominated by the government and related industries. Washington is, …


The Right To Vote: Is The Amendment Game Worth The Candle?, Heather K. Gerken Oct 2014

The Right To Vote: Is The Amendment Game Worth The Candle?, Heather K. Gerken

William & Mary Bill of Rights Journal

No abstract provided.


Theories Of Representation: For The District Of Columbia, Only Statehood Will Do, Mary M. Cheh Oct 2014

Theories Of Representation: For The District Of Columbia, Only Statehood Will Do, Mary M. Cheh

William & Mary Bill of Rights Journal

No abstract provided.


Three Questions For The "Right To Vote" Amendment, Richard Briffault Oct 2014

Three Questions For The "Right To Vote" Amendment, Richard Briffault

William & Mary Bill of Rights Journal

No abstract provided.


Welcome To New Columbia: The Fiscal, Economic And Political Consequences Of Statehood For D.C., David Schleicher Oct 2014

Welcome To New Columbia: The Fiscal, Economic And Political Consequences Of Statehood For D.C., David Schleicher

William & Mary Bill of Rights Journal

No abstract provided.


"…Chosen By The People Of The Several States…": Statehood For The District Of Columbia, Larry Mirel, Joe Sternlieb Oct 2014

"…Chosen By The People Of The Several States…": Statehood For The District Of Columbia, Larry Mirel, Joe Sternlieb

William & Mary Bill of Rights Journal

No abstract provided.


Democratic Capital: A Voting Rights Surge In Washington Could Strengthen The Constitution For Everyone, Jamin Raskin Oct 2014

Democratic Capital: A Voting Rights Surge In Washington Could Strengthen The Constitution For Everyone, Jamin Raskin

William & Mary Bill of Rights Journal

No abstract provided.


In Search Of Justice: An Examination Of The Appointments Of John G. Roberts And Samuel A. Alito To The U.S. Supreme Court And Their Impact On American Jurisprudence, Alberto R. Gonzales Mar 2014

In Search Of Justice: An Examination Of The Appointments Of John G. Roberts And Samuel A. Alito To The U.S. Supreme Court And Their Impact On American Jurisprudence, Alberto R. Gonzales

William & Mary Bill of Rights Journal

During 2005, President George W. Bush appointed Federal Circuit Court Judges John G. Roberts and Samuel A. Alito to the U.S. Supreme Court. These appointments were the culmination of years of examination of the work, character, and temperament of both men commencing during the 2000 presidential transition. Our evaluation included face-to-face interviews; an analysis of judicial opinions, speeches, and writings; and conversation with friends, colleagues, and court experts. Based on this work, a select group of Bush Administration officials developed a set of predictors that formed the basis of our recommendation to President Bush that he elevate Circuit Court Judges …


The Laws Of A Nation: The Essential Formula For A Liberal And Democratic State, Yasutomo Morigiwa Oct 1992

The Laws Of A Nation: The Essential Formula For A Liberal And Democratic State, Yasutomo Morigiwa

William & Mary Bill of Rights Journal

No abstract provided.


Introduction: Perspectives On The World's Search For Stable Democracy, Rodney A. Smolla, Darlene P. Bradberry Oct 1992

Introduction: Perspectives On The World's Search For Stable Democracy, Rodney A. Smolla, Darlene P. Bradberry

William & Mary Bill of Rights Journal

No abstract provided.


Ethiopia: Problems And Prospects For Democracy, Alemante G. Selassie Oct 1992

Ethiopia: Problems And Prospects For Democracy, Alemante G. Selassie

William & Mary Bill of Rights Journal

No abstract provided.


Critical Choices Of Russia's Democracy, Svetlana A. Chervonnaya Oct 1992

Critical Choices Of Russia's Democracy, Svetlana A. Chervonnaya

William & Mary Bill of Rights Journal

No abstract provided.


Emergent New Democracies: The Case Of Spain, Santiago Sanchez Gonzalez Oct 1992

Emergent New Democracies: The Case Of Spain, Santiago Sanchez Gonzalez

William & Mary Bill of Rights Journal

No abstract provided.


Transition To Democracy In Central And Eastern Europe: Experiences Of A Model Country - Hungary, Antal Visegrády Oct 1992

Transition To Democracy In Central And Eastern Europe: Experiences Of A Model Country - Hungary, Antal Visegrády

William & Mary Bill of Rights Journal

No abstract provided.