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Full-Text Articles in Law

Anti-Federalist Procedure, A. Benjamin Spencer Jan 2007

Anti-Federalist Procedure, A. Benjamin Spencer

Faculty Publications

"[T]he new federal government will ... be disinclined to invade the rights of the individual States, or the prerogatives of their governments."

"[T]he Constitution of the United States ... recognizes and preserves the autonomy and independence of the States-independence in their legislative and independence in their judicial departments. . . . Any interference with either, except as [constitutionally] permitted, is an invasion of the authority of the State and, to that extent, a denial of its independence."

The understanding expressed by these opening quotes-that the national government was designed to be one of limited powers that would refrain from encroaching …


Constitutional Avoidance And The Roberts Court, Neal Devins Jan 2007

Constitutional Avoidance And The Roberts Court, Neal Devins

Faculty Publications

No abstract provided.


The D'Oh! Of Popular Constiutitonalism, Neal Devins Jan 2007

The D'Oh! Of Popular Constiutitonalism, Neal Devins

Faculty Publications

No abstract provided.