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Full-Text Articles in Law
The Constitutional Limits To Court-Stripping, Michael J. Gerhardt
The Constitutional Limits To Court-Stripping, Michael J. Gerhardt
Faculty Publications
This Article is part of a colloquy between Professor Michael J. Gerhardt and Professor Martin Redish about the constitutionality of court-stripping measures. Court-stripping measures are laws restricting federal court jurisdiction over particular subject matters. In particular, the authors discuss the constitutionality of the Marriage Protection Act of 2004. Professor Gerhardt argues that the Act is unconstitutional and threatens to destroy the principles of separation of powers, federalism and due process. It prevents Supreme Court review of Congressional action and hinders the uniformity and finality of constitutional law. Furthermore, the Act violates the equal protection component of the Fifth Amendment Due …
The Role Of Article Iii Courts In The War On Terrorism, Tung Yin
The Role Of Article Iii Courts In The War On Terrorism, Tung Yin
William & Mary Bill of Rights Journal
No abstract provided.
Rasul V. Bush: Unanswered Questions, Randolph N. Jonakait
Rasul V. Bush: Unanswered Questions, Randolph N. Jonakait
William & Mary Bill of Rights Journal
No abstract provided.
"Of" As A Loaded Word: Congress Tests The Boundaries Of Its Commerce Power With An Amendment To The Federal Murder-For-Hire Statute, Michael P. Murphy
"Of" As A Loaded Word: Congress Tests The Boundaries Of Its Commerce Power With An Amendment To The Federal Murder-For-Hire Statute, Michael P. Murphy
William & Mary Bill of Rights Journal
No abstract provided.