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Constitutional Law

Selected Works

Constitution

Articles 181 - 185 of 185

Full-Text Articles in Law

James Madison And The Constitution's “Convention For Proposing Amendments", Robert G. Natelson Jan 2001

James Madison And The Constitution's “Convention For Proposing Amendments", Robert G. Natelson

Robert G. Natelson

This article traces the progress of James Madison's thought on the Constitution's "convention for proposing amendments as a way for states to assert themselves against the federal government. Madison saw the convention as an important part of the Constitution, and a constitutional alternative to nullification.

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Urinating On The Pennsylvania Constitution? Drug Testing Of High School Athletes And Article I, Section 8 Of The Pennsylvania Constitution, Amanda Smith Dec 1999

Urinating On The Pennsylvania Constitution? Drug Testing Of High School Athletes And Article I, Section 8 Of The Pennsylvania Constitution, Amanda Smith

Amanda Sholtis

This Comment asserts that drug testing policies fail to pass Pennsylvania constitutional muster. The focus is directed toward mandatory suspicionless testing of student athletes, an activity that schools have adopted in response to increased drug use in recent years.'9 Part II discusses a typical drug test performed by a school district and refers to policies from Derry, Fairfield, and Middletown Area School Districts. Part III analyzes the constitutionality of drug testing policies under Article I, Section 8. Part IV discusses alternatives to mandatory suspicionless drug testing of athletes that would effectuate school boards' goals of maintaining a drug-free environment without …

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The Textualist (Reviewing George Anastaplo, The Constitution Of 1787: A Commentary (1989)), Robert C. Power Dec 1989

The Textualist (Reviewing George Anastaplo, The Constitution Of 1787: A Commentary (1989)), Robert C. Power

Robert C Power

No abstract provided.

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Obscenity And The Right To Be Let Alone: The Balancing Of Constitutional Rights, Stephen W. Gard Jan 1973

Obscenity And The Right To Be Let Alone: The Balancing Of Constitutional Rights, Stephen W. Gard

Stephen W. Gard

While on the one hand a conceptual framework for obscenity cases is essential, it is equally true that the Supreme Court has in the past accepted theories proposed by commentators without making significant progress in extricating itself from the quagmire. In light of this situation, the purpose of this Note is not to urge the Court to accept any new theory for dealing with obscenity, but, rather, to suggest a conceptual framework present in the results of its prior decisions and to urge its explicit acceptance by the Court. No attempt will be made to be faithful to all the …

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Treaty And Constitution. A Comparative Analysis Of An Uneasy Relationship, Theodor Jr Schilling Jan 1968

Treaty And Constitution. A Comparative Analysis Of An Uneasy Relationship, Theodor Jr Schilling

Theodor JR Schilling

Constitutions may be reversed by revolution. Treaty-constitutions may also be terminated by mutual consent of the contracting parties. A secession and a unilateral denunciation are, as a rule, not permissible under international law but will be recognized if effective. The only possibility to prevent a secession is to take away the social substratum of a secession i.e. to merge the peoples of the state from which the secession would take place. Such a merger allows the people, as constituent power, to adopt the treaty-constitution as its own. Such an adoption may be made in the forms of the creation of …

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