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The Confines Of Modern Constitutionalism, David T. Butleritchie
The Confines Of Modern Constitutionalism, David T. Butleritchie
The University of New Hampshire Law Review
[Excerpt] "Constitutionalism is an ambiguous concept, or at least the term is used in ambiguous ways. Virtually every political theorist of the modern period, certainly during the last two hundred years or more, has used the concept of a political constitution in some way or another. There is very little agreement, however, on what the term constitutionalism actually represents. Some mean it in a restrictive way, others in a more expansive way. Some use it in a proscriptive manner, while others employ it prescriptively (some, perhaps, even use it pejoratively). What nearly everyone who uses the term shares, though, is …
The Rehnquist Revolution, Erwin Chemerinsky
The Rehnquist Revolution, Erwin Chemerinsky
The University of New Hampshire Law Review
[Excerpt] "When historians look back at the Rehnquist Court, without a doubt they will say that its greatest changes in constitutional law were in the area of federalism. Over the past decade, and particularly over the last five years, the Supreme Court has dramatically limited the scope of Congress’ powers and has greatly expanded the protection of state Sovereign Immunity. Virtually every area of law, criminal and civil, is touched by these changes. Since I began teaching constitutional law in 1980, the most significant differences in constitutional law are a result of the Supreme Court’s revival of federalism as a …