Law Commons^™

Political Redistricting In The Post-Rucho Era, Robert Fisch

University of the District of Columbia Law Review

In January of 2011, the infamous “Snake by the Lake” was born.2 Stretching along the southern coast of Lake Erie, the 9th Congressional District of Ohio covers a 120 mile-long thin strip of the state.3 The district is less than one mile wide at certain locations and is considered contiguous, a state constitutional requirement for congressional districts,4 only because the “snake” passes through portions of Lake Erie.5 In creating the district, the Ohio Republican Party, the majority party in the state legislature at the time, drew the boundaries with the intent to limit the voting power of the Democrats in …

The People's Court: On The Intellectual Origins Of American Judicial Power, Ian C. Bartrum

Dickinson Law Review (2017-Present)

This article enters into the modern debate between “consti- tutional departmentalists”—who contend that the executive and legislative branches share constitutional interpretive authority with the courts—and what are sometimes called “judicial supremacists.” After exploring the relevant history of political ideas, I join the modern minority of voices in the latter camp.

This is an intellectual history of two evolving political ideas—popular sovereignty and the separation of powers—which merged in the making of American judicial power, and I argue we can only understand the structural function of judicial review by bringing these ideas together into an integrated whole. Or, put another way, …

Sport And Expression, Sport As Expression, Howard M. Wasserman

FIU Law Review

No abstract provided.

Swearing In The Phoenix: Toward A More Sensible System For Seating Members Of The House Of Representatives At Organization, Brian C. Kalt

Marquette Law Review

Under U.S. House precedent, any member-elect can challenge the right of

any other member-elect to take the oath of office at the beginning of a new term.

The uncontested members-elect then swear in and decide the fate of those who

were forced to stand aside. If the House is closely divided and there are

disputed elections at the margins, a minority party could exploit this procedure

to try to seize control of the House.