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The Surprisingly Strong Case For Tailoring Constitutional Principles, Mark D. Rosen
The Surprisingly Strong Case For Tailoring Constitutional Principles, Mark D. Rosen
Mark D. Rosen
Many constitutional principles apply to more than one level of government. This is true not only of Bill of Rights guarantees that have been incorporated against the States, but of many constitutional principles whose source lies outside of the Bill of Rights. The conventional wisdom is that such multi-level constitutional principles apply identically to all levels of government. The Article's thesis is that this One-Size-Fits-All approach is problematic because the different levels of government - federal, state, and local - sometimes are sufficiently different that a given constitutional principle may apply differently to each level. This Article critically examines an …
Institutional Context In Constitutional Law: A Critical Examination Of Term Limits, Judicial Campaign Codes, And Anti-Pornography Ordinances, Mark D. Rosen
Mark D. Rosen
No abstract provided.