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Constitutional Law

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The Last Days Of Erastianism: Forms In The American Church-State Nexus, Robert E. Rodes Jan 1969

The Last Days Of Erastianism: Forms In The American Church-State Nexus, Robert E. Rodes

Journal Articles

In the long history of Christendom, an Erastian view of the relation between Church and State has existed in tension with a High Church view. This paper explores the current state of our current shopworn Erastian-like church-state nexus and considers what forces may bring a more relevant and effective institutional High Church witness into being. The fact that the United States has an Erastian-like church-state relation is borne out in a line of cases involving the judicial resolution of intra-church disputes and the effect to be given the mandates of ecclesiastical authority. It is also borne out in legislative and …

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Comments On Powell V. Mccormick, Charles E. Rice Jan 1969

Comments On Powell V. Mccormick, Charles E. Rice

Journal Articles

Powell v. McCormack is an unfortunate decision, principally because the Supreme Court should never have exercised its jurisdiction over the case. The ruling, however, is chiefly open to criticism, not because it is demonstrably contrary to established rules of law, but because it runs counter to those less clearly articulated, and essentially precatory, admonitions of judicial restraint which are implicit in the separation of governmental powers. The crucial point is not the jurisdiction of the subject matter, the Speech or Debate Clause, the issue of mootness raised by Justice Stewart in dissent or the substantive merits of Adam Clayton Powell's …

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Unconstitutional Conditions Upon Public Employment: New Departures In The Protection Of First Amendment Rights, Harold H. Bruff Jan 1969

Unconstitutional Conditions Upon Public Employment: New Departures In The Protection Of First Amendment Rights, Harold H. Bruff

Publications

No abstract provided.

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Presidential War-Making: Constitutional Prerogative Or Usurpation?, W. Taylor Reveley Iii Jan 1969

Presidential War-Making: Constitutional Prerogative Or Usurpation?, W. Taylor Reveley Iii

Faculty Publications

No abstract provided.

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Constitutional Protection For Freedom Of Movement: A Time For Decision, Sheldon Elliot Steinbach Jan 1969

Constitutional Protection For Freedom Of Movement: A Time For Decision, Sheldon Elliot Steinbach

Kentucky Law Journal

No abstract provided.

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Constitutional Law--Freedom Of Expression--Symbolic Free Speech, Nestor L. Olesnyckyj Jan 1969

Constitutional Law--Freedom Of Expression--Symbolic Free Speech, Nestor L. Olesnyckyj

Kentucky Law Journal

No abstract provided.

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Constitutional Law--First Amendment Freedom Of Speech And Press--Federal Communication Commission's Fairness Doctrine And Personal Attack Rule, C. Gray Pash Jr. Jan 1969

Constitutional Law--First Amendment Freedom Of Speech And Press--Federal Communication Commission's Fairness Doctrine And Personal Attack Rule, C. Gray Pash Jr.

Kentucky Law Journal

No abstract provided.

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Conscription And The Constitution: The Original Understanding, Leon Friedman Jan 1969

Conscription And The Constitution: The Original Understanding, Leon Friedman

Hofstra Law Faculty Scholarship

The general words of the Constitution-famous phrases such as "due process," "freedom of speech," "interstate commerce, and "raise and support armies"-are not self-evident concepts. As Justice Frankfurter said, "The language of the [Constitution] is to be read not as barren words found in a dictionary but as symbols of historic experience illumined by the presuppositions of those who employed them. Not what words did Madison and Hamilton use, but what was it in their minds which they conveyed?" While the framers obviously could not have foreseen the discovery of electromagnetic radio waves or atomic energy, and had no "intent" concerning …

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The French Conseil D' Etat: A Case Study In Boundary Maintenance, Robert Carp, Harrell Rodgers Jan 1969

The French Conseil D' Etat: A Case Study In Boundary Maintenance, Robert Carp, Harrell Rodgers

Vanderbilt Journal of Transnational Law

Very little is known about the role that courts play in the total political system of a nation. In two recent works Professors Walter Murphy and Joseph Tanenhaus have centered attention on this question and have isolated some of the major functions of courts and developed several working hypotheses concerning these functions. They suggest that one of the major functions of constitutional courts consists of "defining the rules of the political game and determining the boundaries of authority between competing public officials as well as the boundaries between governmental authority and individual liberty." In approving or disapproving the acts of …

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The Regulation And Administration Of The Welfare Hearing Process – The Need For Administrative Responsibility, Robert E. Scott Jan 1969

The Regulation And Administration Of The Welfare Hearing Process – The Need For Administrative Responsibility, Robert E. Scott

Faculty Scholarship

In recent years, the concept of public welfare has undergone substantial conceptual changes, the primary being a shift from the older concept of gratuity to one of statutory entitlement pursuant to the Social Security Act. This paper seeks to examine and analyze the administrative "fair hearing" as a means of effective regulation of administrative discretion and enforcement of the entitlement provisions of the federal act. Primary emphasis is placed on a comparative treatment of state hearing procedures and federal hearing regulations to determine whether the fair hearing is, at present, a viable means of insuring due process in welfare administration.

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Federal Communications Commission's Fairness Regulations A First Steptowards Creation Of A Right Of Access To The Mass Media, Michael Botein Jan 1969

Federal Communications Commission's Fairness Regulations A First Steptowards Creation Of A Right Of Access To The Mass Media, Michael Botein

Articles & Chapters

No abstract provided.

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Book Review. Law In India, Ralph F. Fuchs Jan 1969

Book Review. Law In India, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

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The Background Of The Fourth Amendment To The Constitution Of The United States, Joseph J. Stengel Jan 1969

The Background Of The Fourth Amendment To The Constitution Of The United States, Joseph J. Stengel

University of Richmond Law Review

It is generally agreed that the antecedent history of the Fourth Amendment to the Constitution of the United States is concerned primarily with those events that took place in England and the AmericanColonies in the thirty years immediately preceding the adoption of the Amendment. However, it also seems clear that it was the executive abuse of search and seizure in England throughout the centuries that led to those events. The search for the reason "why" of the Fourth Amendment should then logically begin with the earliest recorded events, statutes and cases involving search and seizure in English history and be …

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Sodomy And The Married Man Jan 1969

Sodomy And The Married Man

University of Richmond Law Review

Although the Constitution does not provide for a specific right of privacy, the existence of such a right is beyond dispute. The extent of the right is, however, difficult to determine when one considers the point beyond which the right of privacy will prohibit intrusion by either state or federal authorities into an individual's affairs. Only by balancing the individual's need for privacy with the state's interest in regulating private conduct, can a delineation be made.

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The Background Of The Fourth Amendment To The Constitution Of The United States, Part Two, Joseph J. Stengel Jan 1969

The Background Of The Fourth Amendment To The Constitution Of The United States, Part Two, Joseph J. Stengel

University of Richmond Law Review

Upon the conclusion of the Constitutional Convention in 1787 and after the proposed Constitution was submitted by Congress to the states for ratification, there arose a clamor concerning the absence of a bill or declaration of rights therein. Scholars have disagreed as to the basis for this controversy. Story says that the demand was "a matter of very exaggerated declamation and party zeal, for the mere purpose of defeating the Constitution." Cooley concludes that leading statesmen made the want of a bill of rights in the Constitution the ground of a "decided, earnest, and formidable opposition to the confirmation of …

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New Frontiers, Michael E. Tigar Jan 1969

New Frontiers, Michael E. Tigar

Faculty Scholarship

No abstract provided.

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The Tentative Emergence Of Student Power In The United States, William W. Van Alstyne Jan 1969

The Tentative Emergence Of Student Power In The United States, William W. Van Alstyne

Faculty Scholarship

No abstract provided.

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A Constitution For Every Man, William W. Van Alstyne Jan 1969

A Constitution For Every Man, William W. Van Alstyne

Faculty Scholarship

No abstract provided.

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The Constitutional Rights Of Public Employees: A Comment On The Inappropriate Uses Of An Old Analogy, William W. Van Alstyne Jan 1969

The Constitutional Rights Of Public Employees: A Comment On The Inappropriate Uses Of An Old Analogy, William W. Van Alstyne

Faculty Scholarship

Beginning with Justice Douglass's assertion that the State is bound in the same ways when acting as an employer as it is when acting as a governing body, this examination delves deeper to determine how this doctrine actually limits the government when it acts as an employer. This article endorses the theory of examining these limits not in the context of if the government is allowed to enforce them in the public sphere, but if the government may mandate such limits in the private sphere

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A Suggested Seminar In Student Rights, William W. Van Alstyne Jan 1969

A Suggested Seminar In Student Rights, William W. Van Alstyne

Faculty Publications

No abstract provided.

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The Tentative Emergence Of Student Power In The United States, William W. Van Alstyne Jan 1969

The Tentative Emergence Of Student Power In The United States, William W. Van Alstyne

Faculty Publications

No abstract provided.

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A Critical Guide To Marbury V. Madison, William W. Van Alstyne Jan 1969

A Critical Guide To Marbury V. Madison, William W. Van Alstyne

Faculty Publications

The concept of judicial review of the constitutionality of state and federal statutes by the Supreme Court is generally rested upon the epic decision in Marbury v. Madison. The controversies which have surrounded the exercise of this power by the Supreme Court require a periodic reexamination of the concept of judicial review at its source, the Marbury opinion. This article proceeds by examining the historical context in which the case arose and analyzes the opinion in terms of various alternative approaches which might have been utilized by Chief Justice Marshall. The specific holding of the case is isolated in contrast …

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The Constitutional Rights Of Public Employees: A Comment On The Inappropriate Uses Of An Old Analogy, William W. Van Alstyne Jan 1969

The Constitutional Rights Of Public Employees: A Comment On The Inappropriate Uses Of An Old Analogy, William W. Van Alstyne

Faculty Publications

Beginning with Justice Douglass's assertion that the State is bound in the same ways when acting as an employer as it is when acting as a governing body, this examination delves deeper to determine how this doctrine actually limits the government when it acts as an employer. This article endorses the theory of examining these limits not in the context of if the government is allowed to enforce them in the public sphere, but if the government may mandate such limits in the private sphere.

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Constitutional Law--Police Power--Michigan Statute Requiring Motorcyclists To Wear Protective Helmets Held Unconstitutional, Michigan Law Review Dec 1968

Constitutional Law--Police Power--Michigan Statute Requiring Motorcyclists To Wear Protective Helmets Held Unconstitutional, Michigan Law Review

Michigan Law Review

The effects of the helmet decisions on the law in general may be substantial. On the one hand, if a helmet statute is held constitutional, inroads could be made upon personal liberty; the legislature might rely on similar strained and unproved relationships to the general welfare in order to justify regulations impinging upon other areas of individual conduct. On the other hand, to hold such a statute unconstitutional may require the judiciary to interfere unreasonably with the legislature's conception of public welfare. In light of these considerations, courts dealing with challenges to such regulations in the future should pay closer …

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Dietze: America's Political Dilemma, Paul G. Kauper Dec 1968

Dietze: America's Political Dilemma, Paul G. Kauper

Michigan Law Review

A Review of America's Political Dilemma by Gottfried Dietze

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Municipal Home Rule In The United States, Kenneth E. Vanlandingham Dec 1968

Municipal Home Rule In The United States, Kenneth E. Vanlandingham

William & Mary Law Review

No abstract provided.

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Why The Proposed Maryland Constitution Was Not Approved, Thomas G. Pullen Jr. Dec 1968

Why The Proposed Maryland Constitution Was Not Approved, Thomas G. Pullen Jr.

William & Mary Law Review

No abstract provided.

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The Virginia Constitution: A Documentary Analysis Dec 1968

The Virginia Constitution: A Documentary Analysis

William & Mary Law Review

No abstract provided.

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General Principles Of Constitutional Adjudication: The Political Foundations Of Constitutional Law, John A. Winters Dec 1968

General Principles Of Constitutional Adjudication: The Political Foundations Of Constitutional Law, John A. Winters

William & Mary Law Review

No abstract provided.

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The Working Of The New Jersey Constitution Of 1947, John E. Bebout, Joseph Harrison Dec 1968

The Working Of The New Jersey Constitution Of 1947, John E. Bebout, Joseph Harrison

William & Mary Law Review

No abstract provided.

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