Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 30 of 31
Full-Text Articles in Law
Recovering The Lost General Welfare Clause, David S. Schwartz
Recovering The Lost General Welfare Clause, David S. Schwartz
William & Mary Law Review
The General Welfare Clause of Article I, Section 8, Clause 1 of the Constitution enumerates a power to “provide for the common defense and general welfare.” A literal interpretation of this clause (“the general welfare interpretation”) would authorize Congress to legislate for any national purpose, and therefore to address all national problems— for example, the COVID-19 pandemic—in ways that would be precluded under the prevailing understanding of limited enumerated powers. But conventional doctrine rejects the general welfare interpretation and construes the General Welfare Clause to confer the so-called “Spending Power,” a power only to spend, but not to regulate, for …
A Constitution Between Past And Future, Kim Lane Scheppele
A Constitution Between Past And Future, Kim Lane Scheppele
William & Mary Law Review
No abstract provided.
Constitution Making After National Catastrophes: Germany In 1949 And 1990, Inga Markovits
Constitution Making After National Catastrophes: Germany In 1949 And 1990, Inga Markovits
William & Mary Law Review
No abstract provided.
Establishment And Disestablishment At The Founding, Part I: Establishment Of Religion, Michael W. Mcconnell
Establishment And Disestablishment At The Founding, Part I: Establishment Of Religion, Michael W. Mcconnell
William & Mary Law Review
No abstract provided.
The Legislator-In-Chief, Vasan Kesavan, J. Gregory Sidak
The Legislator-In-Chief, Vasan Kesavan, J. Gregory Sidak
William & Mary Law Review
The State of the Union and Recommendation Clauses of Article II, Section 3provide that the President "shall from time to time give to the Congress Information of the State of the Union, and recommend to their consideration such Measures as he shall judge necessary and expedient. "Those thirty-one words envision the President as the lead active participant in the embryonic stages of the making of laws. Eight separate principles animate the President's legislative duties and powers before the presentment process. When the State of the Union and Recommendation Clauses are seen to have this textual and analytical subtlety, they reveal …
Yet Another Constitutional Crisis?, Keith E. Whittington
Yet Another Constitutional Crisis?, Keith E. Whittington
William & Mary Law Review
The recent presidential impeachment and the postelection controversy each led many to fear that the United States had either already entered or was about to enter a constitutional crisis. Such concerns seem overwrought. This Article will use those events as a foil for examining the nature of constitutional crises. The Article will distinguish two types of constitutional crises and consider several potential crises in American history, clarifying how crises occur and how they can be averted. Constitutional crises in the United States are rare in large part because of the robustness of the country's informal constitutional practices, reasonably good constitutional …
John Marshall, Mcculloch V. Maryland, And "We The People": Revisions In Need Of Revising, Martin S. Flaherty
John Marshall, Mcculloch V. Maryland, And "We The People": Revisions In Need Of Revising, Martin S. Flaherty
William & Mary Law Review
No abstract provided.
Judicial Power In The Constitutional Theory Of James Madison, Jack N. Rakove
Judicial Power In The Constitutional Theory Of James Madison, Jack N. Rakove
William & Mary Law Review
No abstract provided.
John Marshall: Remarks Of October 6, 2000, William H. Rehnquist
John Marshall: Remarks Of October 6, 2000, William H. Rehnquist
William & Mary Law Review
No abstract provided.
Congressional Power Over Presidential Elections: Lessons From The Past And Reforms For The Future, Dan T. Coenen, Edward J. Larson
Congressional Power Over Presidential Elections: Lessons From The Past And Reforms For The Future, Dan T. Coenen, Edward J. Larson
William & Mary Law Review
No abstract provided.
Entity Theory As Myth In The Origins Of The Corporate Income Tax, Steven A. Bank
Entity Theory As Myth In The Origins Of The Corporate Income Tax, Steven A. Bank
William & Mary Law Review
No abstract provided.
Free? Exercise, Marci A. Hamilton
Lochner, Parity, And The Chinese Laundry Cases, David E. Bernstein
Lochner, Parity, And The Chinese Laundry Cases, David E. Bernstein
William & Mary Law Review
No abstract provided.
The Fiscal Powers And The 1930s: Entrenchment, John Harrison
The Fiscal Powers And The 1930s: Entrenchment, John Harrison
William & Mary Law Review
No abstract provided.
The Inevitable Infidelities Of Constitutional Translation: The Case Of The New Deal, John O. Mcginnis
The Inevitable Infidelities Of Constitutional Translation: The Case Of The New Deal, John O. Mcginnis
William & Mary Law Review
No abstract provided.
Lost Fidelities, Barry Cushman
Ackermania: The Quest For A Common Law Of Higher Lawmaking, Michael J. Gerhardt
Ackermania: The Quest For A Common Law Of Higher Lawmaking, Michael J. Gerhardt
William & Mary Law Review
No abstract provided.
The Founders And The President's Authority Over Foreign Affairs, H. Jefferson Powell
The Founders And The President's Authority Over Foreign Affairs, H. Jefferson Powell
William & Mary Law Review
No abstract provided.
The Constitution In Congress: Jefferson And The West, 1801-1809, David P. Currie
The Constitution In Congress: Jefferson And The West, 1801-1809, David P. Currie
William & Mary Law Review
No abstract provided.
Of Pitcairn's Island And American Constitutional Theory, Dan T. Coenen
Of Pitcairn's Island And American Constitutional Theory, Dan T. Coenen
William & Mary Law Review
No abstract provided.
The Constitution And The Canon, Michael T. Gilmore
The Constitution And The Canon, Michael T. Gilmore
William & Mary Law Review
No abstract provided.
1787: The Constitution And "The Curse Of Heaven", Walter E. Dellinger Iii
1787: The Constitution And "The Curse Of Heaven", Walter E. Dellinger Iii
William & Mary Law Review
No abstract provided.
The Studied Ambiguity Of Horwitz' Legal History, G. Edward White
The Studied Ambiguity Of Horwitz' Legal History, G. Edward White
William & Mary Law Review
No abstract provided.
Liberty And Learning, James Morton Smith
Liberty And Learning, James Morton Smith
William & Mary Law Review
No abstract provided.
The Origins Of The Religion Clause Of The Constitution, Philip B. Kurland
The Origins Of The Religion Clause Of The Constitution, Philip B. Kurland
William & Mary Law Review
No abstract provided.
Constitutional Retrospect: First Series Of Cutler Lectures Revisted, William F. Swindler
Constitutional Retrospect: First Series Of Cutler Lectures Revisted, William F. Swindler
William & Mary Law Review
No abstract provided.
William And Mary Bicentennial Commemoration: Virginia Constitutional Commentaries: The Formative Period, 1776-1803, William F. Swindler
William And Mary Bicentennial Commemoration: Virginia Constitutional Commentaries: The Formative Period, 1776-1803, William F. Swindler
William & Mary Law Review
No abstract provided.
The President's Power To Pardon: A Constitutional History, William F. Duker
The President's Power To Pardon: A Constitutional History, William F. Duker
William & Mary Law Review
No abstract provided.
The British Constitution: From Revolution To Devolution, O. Hood Phillips
The British Constitution: From Revolution To Devolution, O. Hood Phillips
William & Mary Law Review
No abstract provided.
The British Constitution And The American Revolution: A Failure Of Precedent, David Ammerman
The British Constitution And The American Revolution: A Failure Of Precedent, David Ammerman
William & Mary Law Review
No abstract provided.