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Constitutional Constraints On Retroactive Civil Legislation: The Hollow Promises Of The Federal Constitution And Unrealized Potential Of State Constitutions, Jeffrey Omar Usman
Constitutional Constraints On Retroactive Civil Legislation: The Hollow Promises Of The Federal Constitution And Unrealized Potential Of State Constitutions, Jeffrey Omar Usman
Law Faculty Scholarship
Within American society, there is a general sense that changing the rules after the game has been played is unfair. While state legislatures more often enact prospective legislation, they nevertheless still regularly engage in retroactive civil lawmaking. In essence, state legislatures are changing the rules after the game has been played. Most Americans inaccurately assume such measures are unconstitutional under the federal constitution. Although several provisions of the United States Constitution offer potential sources of constitutional constraint upon retroactive civil lawmaking, ultimately, as they have been interpreted by the United States Supreme Court, these protections are extremely narrow, largely hollow, …
The Game Is Afoot: Constitutionalizing The Right To Hunt And Fish In The Tennessee Constitution, Jeffrey Omar Usman
The Game Is Afoot: Constitutionalizing The Right To Hunt And Fish In The Tennessee Constitution, Jeffrey Omar Usman
Law Faculty Scholarship
The normative role of state constitutions, which are simultaneously paramount state law and inferior to the whims of even the most minor federal regulation, is a matter of some uncertainty. In recent years, state constitutions have been significantly affected by another wave of popular constitutionalism. As part of this movement, since 1996, seven states have adopted constitutional provisions guaranteeing a right to hunt and fish. This article explores the constitutionalization of hunting and fishing rights under state constitutions. It begins by tracing hunting and fishing rights through western legal history with a special emphasis on Ancient Rome, England, and the …