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Full-Text Articles in Law
Functional Departmentalism And Nonjudicial Interpretation: Who Determines Constitutional Meaning?, Dawn E. Johnsen
Functional Departmentalism And Nonjudicial Interpretation: Who Determines Constitutional Meaning?, Dawn E. Johnsen
Articles by Maurer Faculty
Published as part of a Duke Law School symposium on Conservative and Progressive Legal Orders, this article considers the appropriate role of the political branches - Congress and the President - in the development of constitutional meaning, including the extent of presidential and congressional authority to act on constitutional views at odds with judicial doctrine. The article discusses deficiencies in strong forms of both judicial supremacy (such as that behind the Rehnquist Court's recent limits on Congress's section 5 authority) and what is described in the academic literature as departmentalism (which emphasizes near-plenary authority for each branch to act on …
Congressional Alternatives In The Wake Of City Of Boerne V. Flores: The (Limited) Role Of Congress In Protecting Religious Freedom From State And Local Infringement, Daniel O. Conkle
Articles by Maurer Faculty
This article discusses and analyzes City of Boerne v. Flores, the Supreme Court's 1997 decision invalidating the Religious Freedom Restoration Act of 1993 (RFRA) as applied to state and local governments, and it explores a variety of ways in which Congress might respond to Boerne with legislation that might survive constitutional scrutiny. In particular, the article addresses the following statutory possibilities: more narrowly tailored legislation grounded on Section 5 of the Fourteenth Amendment; RFRA-like legislation grounded on Congress's power over interstate commerce or its power to implement treaties; and spending-power legislation imposing RFRA-like conditions on the receipt of federal funding …
Book Review. Constitutional Federalism In A Nutshell, 2nd Ed. By David E. Engdahl, Daniel O. Conkle
Book Review. Constitutional Federalism In A Nutshell, 2nd Ed. By David E. Engdahl, Daniel O. Conkle
Articles by Maurer Faculty
No abstract provided.
Book Review. The General Welfare Clause: A Study Of The Power Of Congress Under The Constitution Of The United States By J. F. Lawson, Frank Edward Horack Jr.
Book Review. The General Welfare Clause: A Study Of The Power Of Congress Under The Constitution Of The United States By J. F. Lawson, Frank Edward Horack Jr.
Articles by Maurer Faculty
No abstract provided.