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Matthew L.M. Fletcher

2007

Legal History

Articles 1 - 2 of 2

Full-Text Articles in Law

Preconstitutional Federal Power, Matthew L.M. Fletcher Dec 2007

Preconstitutional Federal Power, Matthew L.M. Fletcher

Matthew L.M. Fletcher

In two fields of constitutional law, the Supreme Court has acknowledged that the federal government may possess preconstitutional power, or national authority derived not from the Constitution but from the very fact of sovereignty. This Article analyzes the two areas of law – the Foreign Affairs Power and the Indian Affairs Power – and assesses their viability in future cases. The case recognizing a preconstitutional Foreign Affairs Power resting with the Executive branch, United States v. Curtiss-Wright Export Corp., suffers from poor historical reasoning and has little precedential weight in modern foreign affairs cases, but has never been overruled. The …


Book Review -- Making Indian Law: The Hualapai Land Case And The Birth Of Ethnohistory, Matthew L.M. Fletcher Jan 2007

Book Review -- Making Indian Law: The Hualapai Land Case And The Birth Of Ethnohistory, Matthew L.M. Fletcher

Matthew L.M. Fletcher

No abstract provided.