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Full-Text Articles in Law
Letter From Iowa: Same-Sex Marriage And The Ouster Of Three Justices, Todd E. Pettys
Letter From Iowa: Same-Sex Marriage And The Ouster Of Three Justices, Todd E. Pettys
Todd E. Pettys
This article examines Iowa's 2010 judicial-retention election, in which Iowa voters ousted three members of the Iowa Supreme Court in response to that court's ruling that the state's statutory ban on same-sex marriage violated the Iowa Constitution.
State Habeas Relief For Federal Extrajudicial Detainees, Todd E. Pettys
State Habeas Relief For Federal Extrajudicial Detainees, Todd E. Pettys
Todd E. Pettys
I argue that the Court’s nineteenth-century rulings in Ableman v. Booth and Tarble’s Case marked a little-known but sharp break with state courts’ decades-long practice of granting habeas relief to federal extrajudicial detainees. I contend that the Court’s reasoning in those cases is unpersuasive, and that modern efforts to rationalize those cases’ outcomes fare no better. I also argue that the Suspension Clause bars Congress from stripping state courts of their power to grant habeas relief to persons being extrajudicially detained by federal authorities.
Competing For The People's Affection: Federalism's Forgotten Marketplace, Todd E. Pettys
Competing For The People's Affection: Federalism's Forgotten Marketplace, Todd E. Pettys
Todd E. Pettys
Returning to forgotten themes in the Federalist Papers, the article argues that the state and federal governments compete with one another for the “affection” of their citizens and for the regulatory power that often accompanies that affection. The article further contends that citizens and politicians are able fully to participate in this affection-driven marketplace only if three prerequisites are met: each sovereign must be assured of an opportunity to demonstrate its competence; each sovereign must enjoy a significant measure of autonomy from the other; and the two sovereigns’ dealings with one another must be sufficiently transparent to enable citizens to …