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2003

University of Missouri School of Law

Constitutional law

Articles 1 - 2 of 2

Full-Text Articles in Law

Blakely And Missouri's Grandparent Visitation Statute: An Abridgment Of Parents' Constitutional Rights - Blakely V. Blakely, Michael Hamlin Jun 2003

Blakely And Missouri's Grandparent Visitation Statute: An Abridgment Of Parents' Constitutional Rights - Blakely V. Blakely, Michael Hamlin

Missouri Law Review

Universally, states have enacted statutes granting nonparental parties, specifically grandparents, the right to petition courts for visitation of minor children. However, the states differ significantly in the manner in which they grant these parties that right. A recent United States Supreme Court decision, Troxel v. Granville, addressed the issue of the constitutionality of nonparental visitation statutes. Unfortunately, the Court failed to provide much clarity to the states in deciding constitutional challenges to these statutes. The Note explores the analysis employed by the Missouri Supreme Court in Blakely v. Blakely and argues that Missouri’s grandparent visitation statute is unconstitutional.


From 34 Cents To 37 Cents: The Unconstitutionality Of The Postal Monopoly, Christina M. Bates Jan 2003

From 34 Cents To 37 Cents: The Unconstitutionality Of The Postal Monopoly, Christina M. Bates

Missouri Law Review

Article 1, Section 8 of the United State Constitution (the “Postal Clause”) states that “The Congress shall have the power . . . to establish Post Offices and Post Roads.” Though at ratification the Postal Clause was inserted with very little discussion, there was increasing debate, involving such famous names as Lysander Spooner, as to whether or not the Postal Clause granted Congress a monopoly over the American postal system. In fact, some adventurous Americans, who did not believe that the Postal Clause granted to Congress a postal monopoly, created their own private mail services that nearly eradicated the Post …