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Full-Text Articles in Law
Understanding State Agency Independence, Miriam Seifter
Understanding State Agency Independence, Miriam Seifter
Michigan Law Review
Conflicts about the independence of executive branch officials are brewing across the states. Governors vie with separately elected executive officials for policy control; attorneys general and governors spar over who speaks for the state in litigation, and legislatures seek to alter governors’ influence over independent state commissions. These disputes over intrastate authority have weighty policy implications both within states and beyond them, on topics from election administration and energy markets to healthcare and welfare. The disputes also reveal a blind spot. At the federal level, scholars have long analyzed the meaning and effects of agency independence—a dialogue that has deepened …
The People Against The Constitution, Aziz Z. Huq
The People Against The Constitution, Aziz Z. Huq
Michigan Law Review
A review of Jan-Werner Müller, What Is Populism?.
The Cunning Of Reason: Michael Klarman's The Framers' Coup, Charles Fried
The Cunning Of Reason: Michael Klarman's The Framers' Coup, Charles Fried
Michigan Law Review
A review of Michael J. Klarman, The Framers' Coup: The Making of the United States Constitution.
Gerrymandering And The Constitutional Norm Against Government Partisanship, Michael S. Kang
Gerrymandering And The Constitutional Norm Against Government Partisanship, Michael S. Kang
Michigan Law Review
This Article challenges the basic premise in the law of gerrymandering that partisanship is a constitutional government purpose at all. The central problem, Justice Scalia once explained in Vieth v. Jubilerer, is that partisan gerrymandering becomes unconstitutional only when it “has gone too far,” giving rise to the intractable inquiry into “how much is too much.” But the premise that partisanship is an ordinary and lawful purpose, articulated confidently as settled law and widely understood as such, is largely wrong as constitutional doctrine. The Article surveys constitutional law to demonstrate the vitality of an important, if implicit norm against …
Why Enumeration Matters, Richard A. Primus
Why Enumeration Matters, Richard A. Primus
Michigan Law Review
The maxim that the federal government is a government of enumerated powers can be understood as a “continuity tender”: not a principle with practical consequences for governance, but a ritual statement with which practitioners identify themselves with a history from which they descend. This interpretation makes sense of the longstanding paradox whereby courts recite the enumeration principle but give it virtually no practical effect. On this understanding, the enumerated-powers maxim is analogous to the clause that Parliament still uses to open enacted statutes: “Be it enacted by the Queen’s most Excellent Majesty.” That text might imply that the Queen is …
The Sweeping Domestic War Powers Of Congress, Saikrishna Bangalore Prakash
The Sweeping Domestic War Powers Of Congress, Saikrishna Bangalore Prakash
Michigan Law Review
With the Habeas Clause standing as a curious exception, the Constitution seems mysteriously mute regarding federal authority during invasions and rebellions. In truth, the Constitution speaks volumes about these domestic wars. The inability to perceive the contours of the domestic wartime Constitution stems, in part, from unfamiliarity with the multifarious emergency legislation enacted during the Revolutionary War. During that war, state and national legislatures authorized the seizure of property, military trial of civilians, and temporary dictatorships. Ratified against the backdrop of these fairly recent wartime measures, the Constitution, via the Necessary and Proper Clause and other provisions, rather clearly augmented …
Power, Responsibility, And Republican Democracy, Marci A. Hamilton
Power, Responsibility, And Republican Democracy, Marci A. Hamilton
Michigan Law Review
A Review of Power Without Responsibility: How Congress Abuses the People Through Delegation by David Schoenbrod
Limited Government And Judicial Review, Paul G. Kauper
Limited Government And Judicial Review, Paul G. Kauper
Michigan Law Review
A Book Review of Limited Government and Judicial Review by Durga Das Basu
Dietze: America's Political Dilemma, Paul G. Kauper
Dietze: America's Political Dilemma, Paul G. Kauper
Michigan Law Review
A Review of America's Political Dilemma by Gottfried Dietze
Book Reviews, Henry M. Bates
Book Reviews, Henry M. Bates
Michigan Law Review
This little book makes no pretense of exhaustive, scholarly treatment. It is without notes, citation of cases or authorities, or index; nevertheless it is a work which could be read with interest and benefit by every thoughtful citizen. The purpose of the author is to show the enormous expansion of federal power and actual control, a development, as Mr. West says, which was inevitable if "We the People of the United States" were to become a nation or long endure even as a union of states. But the conditions and circumstances which have produced this extraordinary accretion of power to …