Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Aid And Comfort: Rasul V. Bush And The Separation Of Powers Doctrine In Wartime, Ryan Mckaig
Aid And Comfort: Rasul V. Bush And The Separation Of Powers Doctrine In Wartime, Ryan Mckaig
Campbell Law Review
By failing to recognize the challenges facing political and military leaders in the wake of the September 11, 2001 attacks, in reversing fifty-four years of precedent relied upon by the executive branch, and in failing to consider the political question doctrine, the Supreme Court in Rasul charted a dangerous constitutional course that could lead to greater judicial involvement in war-making powers and greater levels of conflict among the three branches. These trends will ultimately threaten the nation's ability to fight and win future wars. The decision is ill-advised, ill-timed, and invites unintended consequences.
The Rising Tide Of North Carolina Constitutional Protection In The New Millennium, J. Michael Mcguinness
The Rising Tide Of North Carolina Constitutional Protection In The New Millennium, J. Michael Mcguinness
Campbell Law Review
This article outlines a number of recent developments in North Carolina constitutional law, focusing primarily upon the most common areas where individuals need protection from abusive government power. Recent cases have demonstrated the growth and abuse of government power in North Carolina, from the smallest municipalities to the massive North Carolina state government bureaucracy. State constitutional checks and balances are necessary.