Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Constitutional law (34)
- Constitution (25)
- Supreme Court (14)
- Precedent (9)
- Stare decisis (8)
-
- Judicial review (7)
- Originalism (7)
- Religion (7)
- Constitutional Law (6)
- Federal courts (6)
- Federalism (6)
- First Amendment (6)
- Congress (5)
- Germany (5)
- Religious freedom (5)
- Separation of powers (5)
- Supreme court (5)
- Abortion (4)
- Article III (4)
- Comparative law (4)
- Constitutional comparativism (4)
- Customary international law (4)
- Death penalty (4)
- Democracy (4)
- Establishment Clause (4)
- First amendment (4)
- Freedom of speech (4)
- Hughes Court (4)
- International law (4)
- Separation of church and state (4)
Articles 151 - 152 of 152
Full-Text Articles in Law
Congress And The Supreme Court, Thomas Frank Konop
Congress And The Supreme Court, Thomas Frank Konop
Journal Articles
In 1924, Plank Five of the Platform of the Independent candidate for President proposed a constitutional amendment that would enable Congress to override judicial review by reenacting a statute. Such an amendment would, of course, run in stark contrast to Chief Justice Marshall’s opinion in Marbury v. Madison. This paper explores nature of this proposed amendment and analyzes the implications of overturning the foundation of judicial power in our tripartite system of government. In sum, the author suggests that judicial review serves as an excellent check on Congress and the temporary passions of the public itself.
Constitutional Law - War Powers Of Congress (Validity Of Conscription Act), Francis Joseph Vurpillat
Constitutional Law - War Powers Of Congress (Validity Of Conscription Act), Francis Joseph Vurpillat
Journal Articles
This paper was read before The Round Table of South Bend, Indiana, and before the classes in constitutional law prior to the rendition of the decision by the United States Supreme Court, sustaining the Conscription Act. The paper is here presented in its original form, by request, on account of its controversial character and legal-brief style, the subject-matter of constitutional law and war powers being ever new to students of the law.