Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Unstable Footing: Shelby County’S Misapplication Of The Equal Footing Doctrine, Austin Graham
Unstable Footing: Shelby County’S Misapplication Of The Equal Footing Doctrine, Austin Graham
William & Mary Bill of Rights Journal
No abstract provided.
Congress's Treaty-Implementing Power In Historical Practice, Jean Galbraith
Congress's Treaty-Implementing Power In Historical Practice, Jean Galbraith
William & Mary Law Review
Historical practice strongly influences constitutional interpretation in foreign relations law, including most questions relating to the treaty power. Yet it is strikingly absent from the present debate over whether Congress can pass legislation implementing U.S. treaties under the Necessary and Proper Clause. Drawing on previously unexplored sources, this Article considers the historical roots of Congress’s power to implement U.S. treaties between the Founding Era and the seminal case of Missouri v. Holland in 1920. It shows that time after time, members of Congress understood the Necessary and Proper Clause to provide a constitutional basis for a congressional power to implement …
Shelby County And The Illusion Of Minimalism, Richard L. Hasen
Shelby County And The Illusion Of Minimalism, Richard L. Hasen
William & Mary Bill of Rights Journal
No abstract provided.