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The American Rejection Of Economic Rights As Human Rights And The Declaration Of Independence: Does The Pursuit Of Happiness Require Basic Economic Rights?, Linda M. Keller Jan 2003

The American Rejection Of Economic Rights As Human Rights And The Declaration Of Independence: Does The Pursuit Of Happiness Require Basic Economic Rights?, Linda M. Keller

NYLS Journal of Human Rights

This article explores the economic dimension of the Pursuit of Happiness in the Declaration of Independence and how it undercuts the notion that economic and social rights under international human rights law are somehow un-American. The United States government seems to believe that economic rights are not truly human rights, but rather radical Cold War era entitlements advocated by communists. The minimum-needs conception of the pursuit of happiness suggests that economic rights are enshrined in a document considered part of the foundation of democracy.

Part I evaluates the rejection of economic rights in the United States, focusing on international commitments ...


The Balance Of Forces And The Empire Of Liberty: States' Rights And The Louisiana Purchase, Robert Knowles Jan 2003

The Balance Of Forces And The Empire Of Liberty: States' Rights And The Louisiana Purchase, Robert Knowles

Law Faculty Publications

This Article challenges the conventional wisdom about the Louisiana Treaty and argues that it was unconstitutional. As many students of history know, President Jefferson had serious misgivings about its constitutionality, which scholars have dismissed as driven by an overly strict construction of the Constitution. The Article concludes that Jefferson's concerns were in fact motivated primarily by respect for federalism principles.

This Article identifies and discusses the underlying conflict between two radically different visions of federalism. While Jefferson s Republicans believed that the incorporation of new states in the West would merely expand the Constitutions form of government to more ...


Who Was William Marbury?, David F. Forte Jan 2003

Who Was William Marbury?, David F. Forte

Law Faculty Articles and Essays

Of all the disappointed office seekers in American history, only William Marbury has been so honored as to have his portrait hung in the chambers of the United States Supreme Court alongside that of James Madison. The two titular protagonists to the Marbury v. Madison dispute had no idea that their original contretemps would ever find its way to litigation, let alone eventual mythic significance as the foundation stone of judicial review.


The True Story Of Marbury V. Madison, David F. Forte Jan 2003

The True Story Of Marbury V. Madison, David F. Forte

Law Faculty Articles and Essays

Though normally not friends of original intent or legal tradition, today's judicial "activists" like to trace their lineage back to the (purported) original judicial activist, to the great Chief Justice who was the first to persuade the Supreme Court to strike down a law of Congress.

According to this conceit, which is now the standard interpretation enshrined in countless histories and hornbooks, Marbury v. Madison was the breakthrough that demonstrated how truly powerful the judiciary could be. In this famous case, decided 200 years ago, Marshall supposedly showed that the Constitution is an elastic document or at least could ...