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Full-Text Articles in Law
Takings And Retroactivity, Jan G. Laitos
Takings And Retroactivity, Jan G. Laitos
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
25 pages.
Contains references.
The Second Adoption Of The Free Exercise Clause: Religious Exemptions Under The Fourteenth Amendment, Kurt T. Lash
The Second Adoption Of The Free Exercise Clause: Religious Exemptions Under The Fourteenth Amendment, Kurt T. Lash
Law Faculty Publications
This Article explores the proposition that the Free Exercise Clause was adopted a second time through its incorporation into the Privileges or Immunities Clause of the Fourteenth Amendment and that the scope of the new Free Exercise Clause was intended to include protections un-anticipated at the Founding. Contrary to Jeffersonian notions of separate spheres, the nation by the time of Reconstruction had experienced decades of clashes resulting from the overlapping concerns of religion and government. In particular, the suppression of slave religion called into question the government's power to interfere, even indirectly, with legitimate religious exercise. Accordingly, the Privileges or …
Rejecting Conventional Wisdom: Federalist Ambivalence In The Framing And Implementation Of Article V, Kurt T. Lash
Rejecting Conventional Wisdom: Federalist Ambivalence In The Framing And Implementation Of Article V, Kurt T. Lash
Law Faculty Publications
In 1787, the idea of placing an amending provision in a constitution was uncontroversial. Popular sovereignty was an assumed doctrine in the colonies; the people retained the unalienable right "to alter or abolish" their system of government whenever they so pleased. How this unquestionable right was to be incorporated into the new federal Constitution, however, was another matter. The delegates who faced each other at Philadelphia had very different views about which body should be entrusted with the power to propose amendments, when that power should be used, and how that power should be defined.
Article V, like the rest …
Constitutional Law And International Law In The United States Of America, Lung-Chu Chen
Constitutional Law And International Law In The United States Of America, Lung-Chu Chen
Articles & Chapters
No abstract provided.
Voice In Government: The People, Emily Calhoun