Digital Commons Network^™

Constitutional Law—Involuntary Loss Of Citizenship For Voting In A Foreign Election Declared Unconstitutional, Alan R. Feldstein

Buffalo Law Review

Afroyirn v. Rusk, 387 U.S. 253 (1967).

Constitutional Law—Administrative Inspections—Right To Refuse Inspector Admittance Without A Warrant, Michael P. Couture

Buffalo Law Review

Camara v. Municipal Court of the City and County of San Francisco 387 U.S. 523 (1967).

"Public Interest" Standing For The Federal Taxpayer: A Proposal, Charles A. Zielinski

Buffalo Law Review

No abstract provided.

Constitutional Law--Executive Agreements--International Law--Executive Authority Concerning The Future Political Status Of The Trust Territory Of The Pacific Islands, Michigan Law Review

Michigan Law Review

It is fair to conclude that the President, even in the absence of express congressional authorization, has constitutional authority indeed, a constitutional duty-to carry out those obligations assumed under the Micronesian trusteeship agreement. Execution of this agreement lies within the scope of the authority given the President by the faithful execution clause and by his independent constitutional powers in the area of foreign policy. Thus, it is next necessary to determine the scope of the president's authority under the trusteeship agreement.

The Original Purpose And Present Utility Of The Ninth Amendment, Wilfred J. Ritz

Washington and Lee Law Review

No abstract provided.

Privacy And Freedom, Alan F. Westin

Washington and Lee Law Review

No abstract provided.

The Alternative Amendment Process: Some Observations, Paul G. Kauper

Michigan Law Review

The alternative method of formal amendment of the Constitution raises unresolved questions of interpretation. As a contribution to the formulation of procedures for the implementation of this method Senator Ervin has introduced a bill dealing with the matter in considerable detail. In dealing with the subject I propose to discuss not only the convention procedure provided in article V, and in this connection point up some considerations respecting Senator Ervin's bill, but also some basic questions relating to the formal amendment process and the role assumed by the Supreme Court in the process of constitutional change.

Disadvantages Of A Federal Constitutional Convention, Ralph M. Carson

Michigan Law Review

Article V says that on application of two-thirds of the states Congress "shall" call the convention for proposing amendments. The imperative color of this word cannot be disregarded. It leaves no discretion in Congress as to the convening of an article V assembly, although it may be consistent with some control by Congress over the modalities. A deliberate refusal on the part of Congress to call a convention, once the requisite number of state applications were in hand, may be expected, by enlarged analogy to what has been done in the recent civil rights cases and what is being proposed …

Article V: The Comatose Article Of Our Living Constitution?, Robert G. Dixon Jr.

Michigan Law Review

Capacity for steady--even startling-development and relative incapacity for formal change, are twin features of American constitutionalism often noticed but seldom analyzed conjointly. Even the most stalwart supporters of the status quo do not want an unamendable Constitution, but disagreement as to how change should be effected, and the scope of it, runs deep. Indeed, this is the central problem of Marbury v. Madison. That case was the effective innovator of judicial review, our "real" system for developmental constitutionalism. Interestingly, it also was one of the quite rare instances when a seemingly simple constitutional text was at issue (scope of Supreme …

The Dirksen Amendment And The Article V Convention Process, Arthur Earl Bonfield

Michigan Law Review

This article will concentrate on the legal issues facing Congress in the current effort to call a constitutional convention. Because all of the previous amendments to the Constitution were proposed to the states by a two-thirds vote of both Houses of Congress, the issues raised in the present situation have never been resolved. The appropriate course of action for the national legislature is especially in doubt. An attempt will therefore be made here to focus on proper decision-making by Congress in resolving these constitutional issues. The role of the judiciary will be considered only incidentally, since, as will be seen, …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Conflict of Laws--Torts--Law of Jurisdiction with Predominant Interest in Resolution of Issue Applied

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Constitutional Law--Owner of Private Subdivision May Refuse To Sell to Negroes

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Eminent Domain--Compensation for Substantial Impairment of Riparian Owners' Right of Access Denied

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Taxation--Professional Service Corporations--Kintner Regulations Held Invalid

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Taxation--Recovered Charitable Contributions, Previously Claimed as Deductions, Are Gross Income In Year of Receipt

Proposed Legislation To Implement The Convention Method Of Amending The Constitution, Sam J. Ervin Jr.

Michigan Law Review

Article V of the Constitution of the United States provides that constitutional amendments may be proposed in either of two ways--by two-thirds of both houses of the Congress or by a convention called by the Congress in response to the applications of two-thirds of the state legislatures. Although the framers of the Constitution evidently contemplated that the two methods of initiating amendments would operate as parallel procedures, neither superior to the other, this has not been the case historically. Each of the twenty-five constitutional amendments ratified to date was proposed by the Congress under the first alternative. As a result, …

The Supreme Court And The People, Everett Mckinley Dirksen

Michigan Law Review

There is only one circumstance, as I read the Constitution, which authorizes the federal government to intrude or interfere with the governmental structure of a state. That would occur under the provisions of section 4 of article IV, which, in pertinent part, state: "The United States shall guarantee to every State in this Union a Republican form of Government .... " This was the question, if indeed there was a federal question, to be determined in the earlier Baker v. Carr and the reapportionment cases. To rely on the fourteenth amendment for authority to establish by judicial decree a new …

Constitutional Law - Government Personnel And Loyalty Oaths - Whitehill V. Elkins, 389 U.S. 54 (1967)

William & Mary Law Review

No abstract provided.

Constitutional Law - Criminal Law - Right To Counsel At Probation Revocation Hearings - Mempa V. Rhay, 389 U.S. 128 (1967)

William & Mary Law Review

No abstract provided.

Constitutional Law--Civil Rights--State Action Under The Fourteenth Amendment, John Charles Lobert

West Virginia Law Review

No abstract provided.

Constitutional Law--Commerce Clause--1966 Amendments To Fair Labor Standards Act Extending Coverage To Employees In State-Operated Schools, Hospitals, And Related Institutions Held Constitutional--Maryland V. Wirtz, Michigan Law Review

Michigan Law Review

In 1966, Congress amended the Fair Labor Standards Act (FLSA) and for the first time extended the coverage of the minimum wage and overtime provisions to employees in state-operated schools, hospitals, and related institutions. The State of Maryland, joined by twenty-seven other states, brought an action to enjoin enforcement of the amendments insofar as they applied to these state-operated facilities and sought a declaratory judgment ruling the amendments unconstitutional. The states asserted that the amendments were unconstitutional in two respects. First, they contended that the "enterprise" concept of FLSA coverage, which extended the Act to cover all employees of an …

Electronic Eavesdropping Under The Fourth Amendment--After Berger And Katz, Mary E. Bisantz

Buffalo Law Review

No abstract provided.

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Constitutional Law—The Application Of Procedural Due Process To Proceedings For The Compulsory Civil Commitment Of Narcotic Addicts, Kenneth D. Weiss

Buffalo Law Review

Matter of Spadafora, 54 Misc. 2d 123, 281 N.Y.S.2d 923 (1967); Matter of James, 54 Misc. 2d 514, 283 N.Y.S.2d 126 (1967).

Separation Of Powers In The Australian Constitution, John M. Finnis

Journal Articles

Even those who regret it accept that the founders of the Australian Constitution "beyond question" intended the separation of powers now required by the Boilermakers' Case . This article seeks first to show that the arguments advanced to prove the alleged intention are no more probative -than the draftsman's literary arrangement which has prompted the accepted view of constitutional history; and second, to discuss the proper strategy of approach to the historical record on these matters.

The Effect Of The First Amendment On Federal Control Of Draft Protests, Frederick C. Moss

Villanova Law Review (1956 - )

No abstract provided.

Marijuana And The Law: The Constitutional Challenges To Marijuana Laws In Light Of The Social Aspects Of Marijuana Use, Mark S. Dichter

Villanova Law Review (1956 - )

No abstract provided.

Toward The Techno-Corporate State - An Essay In American Constitutionalsim, Arthur Selwyn Miller

Villanova Law Review (1956 - )

No abstract provided.

Some Doubts Concerning The Proposal To Elect The President By Direct Popular Vote, Albert J. Rosenthal

Villanova Law Review (1956 - )

No abstract provided.

Who Can Be President Of The United States: The Unresolved Enigma, Charles Gordon

Maryland Law Review

No abstract provided.

The Drinking Driver: An Approach To Solving A Problem Of Underestimated Severity, David A. Scholl

Villanova Law Review (1956 - )

No abstract provided.

One Man, 3.312 Votes: A Mathematical Analysis Of The Electoral College, John F. Banzhaf Iii

Villanova Law Review (1956 - )

No abstract provided.

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

The Presently Expanding Concept Of Judicial Notice, Fortunata Giudice, C. William Kraft

Villanova Law Review (1956 - )

No abstract provided.