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Comparing Alternative Approaches About Congress's Role In Constitutional Law, Charles Tiefer
Comparing Alternative Approaches About Congress's Role In Constitutional Law, Charles Tiefer
University of Richmond Law Review
Mark Tushnet's Taking the ConstitutionAway from the Courts presents many aspects of the theme expressed in its title. I find most interesting the aspect concerning Congress's role in constitutional law. I like this aspect because I spent almost two decades working on constitutional law in Congress, principally as the House of Representatives' Solicitor and Deputy General Counsel representing the House of Representatives in countless constitutional controversies, and I have written a good deal about it. Tushnet provides us with an alternative perspective from which we can view Congress both during that time and since. Tushnet's book is kind enough to …
Commerce Clause, Enforcement Clause, Or Neither? The Constitutionality Of The Violence Against Women Act In Brzonkala V. Morrison, Christine M. Devey
Commerce Clause, Enforcement Clause, Or Neither? The Constitutionality Of The Violence Against Women Act In Brzonkala V. Morrison, Christine M. Devey
University of Richmond Law Review
On September 21, 1994, two men raped Christy Brzonkala in her dormitory room at Virginia Polytechnic Institute and State Univer- sity("VirginiaTech"). Unfortunately,this kind of event is not a rare occurrence in the United States. "According to the U.S. Department of Justice Bureau of Justice Statistics ("BJS"), women are the victims of more than 4.5 million violent crimes each year. This alarming figure includes approximately 500,000 rapes or other sexual assaults." In light of these statistics, and "after four years of hearings, Congress enacted [the Violence Against Women Act of 1994 ("VAWA" or "the Act")], a comprehensive federal statute designed to …
Response: Continuing The Conversation, Akhil Reed Amar
Response: Continuing The Conversation, Akhil Reed Amar
University of Richmond Law Review
In The Bill of Rights: Creation and Reconstruction, I aimed to start a conversation, not end one. I am thus grateful for the generosity of the many fine scholars who in the preceding pages have graciously accepted the invitation to converse. And I am especially grateful for the extraordinary hospitality of the University of Richmond Law Review, which has kindly given a home to this conversation.
Advisory Opinions By Federal Courts, Phillip M. Kannan
Advisory Opinions By Federal Courts, Phillip M. Kannan
University of Richmond Law Review
Since 1793, the affirmative grant of authority to federal courts in Article III of the Constitution to hear and decide cases or controversies has been interpreted to prohibit these courts from giving advisory opinions. In that year, United States Supreme Court Chief Justice Jay, Justice Cushing, and District Judge Duane rejected a provision in a 1792 act of Congress that would have required the Supreme Court to settle federal pension claims of widows and orphans subject to the approval of the Secretary of War. The basis for the position taken by the Chief Justice was "that neither the legislative nor …
A Matter Of Power: Structural Federalism And Separation Doctrine In The Present, Frances Howell Rudko
A Matter Of Power: Structural Federalism And Separation Doctrine In The Present, Frances Howell Rudko
University of Richmond Law Review
Public reaction to the 1823 Supreme Court decision in Green v. Biddle prompted John Marshall's letter to Henry Clay, who had argued the case as amicus curiae for the defendant. The letter is significant because Marshall, who had been a legislator himself, candidly expresses not only his personal dissatisfaction with the congressional assault on the 1823 decision but also the constitutional basis for his opinion. The significance of Marshall's extrajudicial opinion becomes more apparent when it is considered in the aftermath of the recent tug-of-war between Congress and the Court which culminated in the decision in City of Boerne v. …