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Articles 1 - 5 of 5

Full-Text Articles in Law

Lost Constitutional Moorings: Recovering The War Power, Louis Fisher Oct 2006

Lost Constitutional Moorings: Recovering The War Power, Louis Fisher

Indiana Law Journal

For the past half century, Presidents have claimed constitutional authority to take the country from a state of peace to a state of war against another nation. That was precisely the power that the Framers denied to the President and vested exclusively in Congress. That allocation of power was understood by all three branches until President Harry Truman went to war against North Korea in 1950. He never came to Congress for authority before he acted or at any time thereafter. Similar false claims of authority have been made by Presidents since that time. These constitutional violations have been assisted …


Separation Of Powers And The Governor's Office In West Virginia: Advocating A More Deferential Approach To The Chief Executive From The Judiciary, Jason C. Pizatella Sep 2006

Separation Of Powers And The Governor's Office In West Virginia: Advocating A More Deferential Approach To The Chief Executive From The Judiciary, Jason C. Pizatella

West Virginia Law Review

No abstract provided.


Secularization, Religiosity, And The United States Constitution, Christopher L. Eisgruber Jul 2006

Secularization, Religiosity, And The United States Constitution, Christopher L. Eisgruber

Indiana Journal of Global Legal Studies

This article draws upon leading works in the sociology of religion to assess what I shall call "the secularization claim" regarding the United States. It endeavors, in particular to clarify the possible meanings of "secularization,"and then to use these conceptual refinements to examine what sort of evidence exists that the United States has been secularized. Though it is not possible to falsify every version of the secularization claim, there is little evidence to support it, especially in its most prominent and politically relevant variations. The article then goes on to offer a preliminary analysis of to what extent, if any, …


When Administrative Law Judges Rule The World: Wooley V. State Farm - Does A Denial Of Agencyinitiated Judicial Review Of Alj Final Orders Violate The Constitutional Doctrine Of Separation Of Powers?, April Rolen-Ogden May 2006

When Administrative Law Judges Rule The World: Wooley V. State Farm - Does A Denial Of Agencyinitiated Judicial Review Of Alj Final Orders Violate The Constitutional Doctrine Of Separation Of Powers?, April Rolen-Ogden

Louisiana Law Review

No abstract provided.


Jurisdiction Stripping In Three Acts: A Three String Serenade, Caprice L. Roberts Jan 2006

Jurisdiction Stripping In Three Acts: A Three String Serenade, Caprice L. Roberts

Villanova Law Review

No abstract provided.