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Full-Text Articles in Law
Indirect Constitutional Discourse: A Comment On Meese, Robert F. Nagel
Indirect Constitutional Discourse: A Comment On Meese, Robert F. Nagel
Law and Contemporary Problems
Nagel responds to Alan J. Meese's comments on Pres Clinton's actions following the Supreme Court's decision in "Regents of the University of California v. Bakke." While the Clinton Administration's strategy does not produce the best possible form of constitutional dialogue, it does produce another recognizable form of dialogue, one full of confusion and hypocrisy but a surprisingly central and entrenched part of the practice of judicial review itself.
Writing Off Race, Girardeau A. Spann
Writing Off Race, Girardeau A. Spann
Law and Contemporary Problems
Because the US Constitution says absolutely nothing about affirmative action, the Supreme Court should have absolutely nothing to say about it either. Rather, the political branches should set the nation's affirmative action policy, and they should do so with political leadership provided by the President. Spann considers Pres Clinton's record on affirmative action.
Bakke Betrayed, Alan J. Meese
Bakke Betrayed, Alan J. Meese
Law and Contemporary Problems
While it seems that a President who disagrees with the Supreme Court's account of the Constitution faces only two choices--to enforce the Court's decision or defy the Court and take his case to a skeptical populace--there is a third way in which the President can publicly embrace the doctrine in question, while at the same time refusing to follow it. Pres Clinton's Administration has followed just such a third way approach to "Regents of the University of California v. Bakke."