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The Thirteenth Amendment "Exception" To The State Action Doctrine: An Originalist Reappraisal, Ryan Walters
The Thirteenth Amendment "Exception" To The State Action Doctrine: An Originalist Reappraisal, Ryan Walters
Ryan Walters
There is an overwhelming consensus that the Thirteenth Amendment represents an exception to the general rule that the U.S. Constitution does not apply to private actors – the state action doctrine. There has never been an analysis of this assertion using reasonable-observer originalism. As a result, the consensus view on the Thirteenth Amendment threatens to undermine a key feature of the Constitution – that it provides rules of conduct solely for governmental actors.
This Essay uses reasonable-observer originalism to examine the text and context of the Thirteenth Amendment. This is the first analysis that finds that the Thirteenth Amendment is …
Fragmenting The Judiciary: Potential Ideological Effects Of Shifting Implementation Of Supreme Court Doctrine From Federal Courts To State Courts, Ryan Walters
Ryan Walters
More than ever, the Supreme Court of the United States can rely on an army of life-tenured judges on lower federal courts to implement the doctrines it develops on statutory and constitutional issues. Those judges are shielded from public opinion on controversial rulings, and recent research has shown that the Supreme Court itself is more likely to be affected by elite opinion than that of the public.
Despite checks and balances being a centerpiece of the constitutional order, the increasing size and jurisdictional scope of the federal judiciary, combined with its lack of political accountability, has led to a increase …