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Articles 1 - 6 of 6
Full-Text Articles in Arts and Humanities
The Origins And Meaning Of “Vacancies That May Happen During The Recess” In The Constitution’S Recess Appointments Clause, Robert G. Natelson
The Origins And Meaning Of “Vacancies That May Happen During The Recess” In The Constitution’S Recess Appointments Clause, Robert G. Natelson
Robert G. Natelson
There has been longstanding uncertainty about the meaning of “the Recess” and “Vacancies that may happen” in the Constitution’s Recess Appointments Clause. This Article finds that both “the Recess” and close variants of “Vacancies that may happen” were standard terms in Founding-Era legislative practice, and appear copiously in legislative records. Those records inform us that “the Recess” means only the intersession recess and that a vacancy “happens” only when it first arises.
The National Security State: The End Of Separation Of Powers, Michael E. Tigar
The National Security State: The End Of Separation Of Powers, Michael E. Tigar
Faculty Scholarship
No abstract provided.
The Clerks Of The Four Horsemen, Barry Cushman
The Clerks Of The Four Horsemen, Barry Cushman
Journal Articles
The names of Holmes clerks such as Tommy Corcoran and Francis Biddle, of Brandeis clerks such as Dean Acheson and Henry Friendly, and of Stone clerks such as Harold Leventhal and Herbert Wechsler ring down the pages of history. But how much do we really know about Carlyle Baer, Tench Marye, or Milton Musser? This article follows the interesting and often surprising lives and careers of the men who clerked for the Four Horsemen - Justices Van Devanter, McReynolds, Sutherland, and Butler. These biographical sketches confound easy stereotypes, and prove the adage that law, like politics, can make for strange …
Epilogue: Some Sober Second Thoughts, Christopher Hoebeke
Epilogue: Some Sober Second Thoughts, Christopher Hoebeke
Christopher H Hoebeke
No abstract provided.
The Road To Mass Democracy: Original Intent And The Seventeenth Amendment, Christopher Hoebeke
The Road To Mass Democracy: Original Intent And The Seventeenth Amendment, Christopher Hoebeke
Christopher H Hoebeke
Until 1913 and passage of the Seventeenth Amendment to the United States Constitution, US senators were elected by state legislatures, not directly by the people. Progressive Era reformers urged this revision in answer to the corruption of state "machines" under the dominance of party bosses. They also believed that direct elections would make the Senate more responsive to popular concerns regarding the concentrations of business, capital, and labor that in the industrial era gave rise to a growing sense of individual voicelessness. Popular control over the higher affairs of government was thought to be possible, since the spread of information …
The Paradox Of Popular Sovereignty: An Introductory Essay, Christopher Hoebeke
The Paradox Of Popular Sovereignty: An Introductory Essay, Christopher Hoebeke
Christopher H Hoebeke
No abstract provided.