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Full-Text Articles in Law
Recovering The Lost General Welfare Clause, David S. Schwartz
Recovering The Lost General Welfare Clause, David S. Schwartz
William & Mary Law Review
The General Welfare Clause of Article I, Section 8, Clause 1 of the Constitution enumerates a power to “provide for the common defense and general welfare.” A literal interpretation of this clause (“the general welfare interpretation”) would authorize Congress to legislate for any national purpose, and therefore to address all national problems— for example, the COVID-19 pandemic—in ways that would be precluded under the prevailing understanding of limited enumerated powers. But conventional doctrine rejects the general welfare interpretation and construes the General Welfare Clause to confer the so-called “Spending Power,” a power only to spend, but not to regulate, for …
A Century In The Making: The Glorious Revolution, The American Revolution, And The Origins Of The U.S. Constitution’S Eighth Amendment, John D. Bessler
A Century In The Making: The Glorious Revolution, The American Revolution, And The Origins Of The U.S. Constitution’S Eighth Amendment, John D. Bessler
William & Mary Bill of Rights Journal
The sixteen words in the U.S. Constitution’s Eighth Amendment have their roots in England’s Glorious Revolution of 1688–89. This Article traces the historical events that initially gave rise to the prohibitions against excessive bail, excessive fines, and cruel and unusual punishments. Those three proscriptions can be found in the English Declaration of Rights and in its statutory counterpart, the English Bill of Rights. In particular, the Article describes the legal cases and draconian punishments during the Stuart dynasty that led English and Scottish parliamentarians to insist on protections against cruelty and excessive governmental actions. In describing the grotesque punishments of …
The First Century Of Magna Carta: The Diffusion Of Texts And Knowledge Of The Charter, Paul Brand
The First Century Of Magna Carta: The Diffusion Of Texts And Knowledge Of The Charter, Paul Brand
William & Mary Bill of Rights Journal
No abstract provided.
Interpretation And Re-Interpretation Of A Clause: Magna Carta And The Widow’S Quarantine, Janet Loengard
Interpretation And Re-Interpretation Of A Clause: Magna Carta And The Widow’S Quarantine, Janet Loengard
William & Mary Bill of Rights Journal
No abstract provided.
The Great Charter Turned 800: Remembering Its 700th Birthday, Karl Shoemaker
The Great Charter Turned 800: Remembering Its 700th Birthday, Karl Shoemaker
William & Mary Bill of Rights Journal
No abstract provided.
Forest Law Through The Looking Glass: Distortions Of The Forest Charter In The Outlaw Fiction Of Late Medieval England, Sarah Harlan-Haughey
Forest Law Through The Looking Glass: Distortions Of The Forest Charter In The Outlaw Fiction Of Late Medieval England, Sarah Harlan-Haughey
William & Mary Bill of Rights Journal
No abstract provided.
The Legacy Of Magna Carta: Law And Justice In The Fourteenth Century, Anthony Musson
The Legacy Of Magna Carta: Law And Justice In The Fourteenth Century, Anthony Musson
William & Mary Bill of Rights Journal
No abstract provided.
Magna Carta In The Late Middle Ages: Over-Mighty Subjects, Under-Mighty Kings, And A Turn Away From Trial By Jury, David J. Seipp
Magna Carta In The Late Middle Ages: Over-Mighty Subjects, Under-Mighty Kings, And A Turn Away From Trial By Jury, David J. Seipp
William & Mary Bill of Rights Journal
No abstract provided.
Forest Eyre Justices In The Reign Of Henry Iii (1216–1272), Ryan Rowberry
Forest Eyre Justices In The Reign Of Henry Iii (1216–1272), Ryan Rowberry
William & Mary Bill of Rights Journal
No abstract provided.
Magna Carta In The Fourteenth Century: From Law To Symbol?: Reflections On The “Six Statutes”, Charles Donahue Jr.
Magna Carta In The Fourteenth Century: From Law To Symbol?: Reflections On The “Six Statutes”, Charles Donahue Jr.
William & Mary Bill of Rights Journal
No abstract provided.
The Church And Magna Carta, R. H. Helmholz
The Church And Magna Carta, R. H. Helmholz
William & Mary Bill of Rights Journal
No abstract provided.
Salvation By Statute: Magna Carta, Legislation, And The King’S Soul, Thomas J. Mcsweeney
Salvation By Statute: Magna Carta, Legislation, And The King’S Soul, Thomas J. Mcsweeney
William & Mary Bill of Rights Journal
No abstract provided.
A Constitution Between Past And Future, Kim Lane Scheppele
A Constitution Between Past And Future, Kim Lane Scheppele
William & Mary Law Review
No abstract provided.
Constitution Making After National Catastrophes: Germany In 1949 And 1990, Inga Markovits
Constitution Making After National Catastrophes: Germany In 1949 And 1990, Inga Markovits
William & Mary Law Review
No abstract provided.
A Brief History Of The Fifth Amendment Guarantee Against Double Jeopardy, David S. Rudstein
A Brief History Of The Fifth Amendment Guarantee Against Double Jeopardy, David S. Rudstein
William & Mary Bill of Rights Journal
No abstract provided.
Modernizing The Law Of Open-Air Speech: The Hughes Court And The Birth Of Content-Neutral Balancing, William E. Lee
Modernizing The Law Of Open-Air Speech: The Hughes Court And The Birth Of Content-Neutral Balancing, William E. Lee
William & Mary Bill of Rights Journal
No abstract provided.
Establishment And Disestablishment At The Founding, Part I: Establishment Of Religion, Michael W. Mcconnell
Establishment And Disestablishment At The Founding, Part I: Establishment Of Religion, Michael W. Mcconnell
William & Mary Law Review
No abstract provided.
The Legislator-In-Chief, Vasan Kesavan, J. Gregory Sidak
The Legislator-In-Chief, Vasan Kesavan, J. Gregory Sidak
William & Mary Law Review
The State of the Union and Recommendation Clauses of Article II, Section 3provide that the President "shall from time to time give to the Congress Information of the State of the Union, and recommend to their consideration such Measures as he shall judge necessary and expedient. "Those thirty-one words envision the President as the lead active participant in the embryonic stages of the making of laws. Eight separate principles animate the President's legislative duties and powers before the presentment process. When the State of the Union and Recommendation Clauses are seen to have this textual and analytical subtlety, they reveal …
Yet Another Constitutional Crisis?, Keith E. Whittington
Yet Another Constitutional Crisis?, Keith E. Whittington
William & Mary Law Review
The recent presidential impeachment and the postelection controversy each led many to fear that the United States had either already entered or was about to enter a constitutional crisis. Such concerns seem overwrought. This Article will use those events as a foil for examining the nature of constitutional crises. The Article will distinguish two types of constitutional crises and consider several potential crises in American history, clarifying how crises occur and how they can be averted. Constitutional crises in the United States are rare in large part because of the robustness of the country's informal constitutional practices, reasonably good constitutional …
John Marshall, Mcculloch V. Maryland, And "We The People": Revisions In Need Of Revising, Martin S. Flaherty
John Marshall, Mcculloch V. Maryland, And "We The People": Revisions In Need Of Revising, Martin S. Flaherty
William & Mary Law Review
No abstract provided.
Judicial Power In The Constitutional Theory Of James Madison, Jack N. Rakove
Judicial Power In The Constitutional Theory Of James Madison, Jack N. Rakove
William & Mary Law Review
No abstract provided.
John Marshall: Remarks Of October 6, 2000, William H. Rehnquist
John Marshall: Remarks Of October 6, 2000, William H. Rehnquist
William & Mary Law Review
No abstract provided.
Congressional Power Over Presidential Elections: Lessons From The Past And Reforms For The Future, Dan T. Coenen, Edward J. Larson
Congressional Power Over Presidential Elections: Lessons From The Past And Reforms For The Future, Dan T. Coenen, Edward J. Larson
William & Mary Law Review
No abstract provided.
Entity Theory As Myth In The Origins Of The Corporate Income Tax, Steven A. Bank
Entity Theory As Myth In The Origins Of The Corporate Income Tax, Steven A. Bank
William & Mary Law Review
No abstract provided.
Free? Exercise, Marci A. Hamilton
The State Of The Canon In Constitutional Law: Lessons From The Jurisprudence Of John Marshall, David E. Marion
The State Of The Canon In Constitutional Law: Lessons From The Jurisprudence Of John Marshall, David E. Marion
William & Mary Bill of Rights Journal
Constitutional law has been an active battlefield as competing groups within the academy seek to deconstruct, reconstruct, and/or relegitimize the teaching and practice of law in the United States. Much of the rhetoric of the debate is couched in the language of rights. There is a danger that diminished attention to powers in the rhetoric and teaching of constitutional law may compromise sober and moderate constitutional reasoning. By reinvigorating reflection on powers-related issues, the legal profession can do its part to promote sobriety, and hence an added dose of prudence, in constitutional reflection and discourse by a democratic citizenry whose …
The Founders Go On-Line: An Original Intent Solution To A Jurisdictional Dilemma, Christine G. Heslinga
The Founders Go On-Line: An Original Intent Solution To A Jurisdictional Dilemma, Christine G. Heslinga
William & Mary Bill of Rights Journal
The Internet has created a blossoming cyber-economy and a new way of conducting business. Unfortunately for those looking for jurisdictional certainty, however, cyberspace also effectively eliminates geographic boundaries. The unprecedented circumstances set by this new frontier have put federal courts in the unenviable position of deciding whether Internet-based cases meet diversity jurisdiction requirements. Examining the constitutional history and recent use of diversity, this Note argues that the Founders did not foresee an era where every contract or sales case would end up in federal court; rather, they intended diversity jurisdiction to be a rare and perhaps temporary proposition. The author …
Lochner, Parity, And The Chinese Laundry Cases, David E. Bernstein
Lochner, Parity, And The Chinese Laundry Cases, David E. Bernstein
William & Mary Law Review
No abstract provided.
The Fiscal Powers And The 1930s: Entrenchment, John Harrison
The Fiscal Powers And The 1930s: Entrenchment, John Harrison
William & Mary Law Review
No abstract provided.
The Inevitable Infidelities Of Constitutional Translation: The Case Of The New Deal, John O. Mcginnis
The Inevitable Infidelities Of Constitutional Translation: The Case Of The New Deal, John O. Mcginnis
William & Mary Law Review
No abstract provided.