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Articles 1 - 6 of 6
Full-Text Articles in Law
States' Rights Apogee, 1760-1840, Ryan Setliff
States' Rights Apogee, 1760-1840, Ryan Setliff
Masters Theses
America's states' rights tradition has held much influence since the ratification of the U.S. Constitution in 1788. In late 1798, in response to the Federalist administration's adoption of the Alien and Sedition Acts, the Virginia and Kentucky Resolutions were formally adopted by the legislatures of Virginia and Kentucky respectively. These resolutions set a lasting precedent for state interposition and nullification. As well concurrence with these doctrines can be found in the Virginia Resolves of 1790, the constitutional debates of 1787-1790, and all throughout the colonial-revolutionary period of the 1760s to 1780s. In time, the Virginia and Kentucky Resolutions would gain …
The Constitutional Right To (Keep Your) Same-Sex Marriage, Steve Sanders
The Constitutional Right To (Keep Your) Same-Sex Marriage, Steve Sanders
Michigan Law Review
Same-sex marriage is now legal in six states, and tens of thousands of same-sex couples have already gotten married. Yet the vast majority of other states have adopted statutes or constitutional amendments banning same-sex marriage. These mini-defense of marriage acts not only forbid the creation of same-sex marriages; they also purport to void or deny recognition to the perfectly valid same-sex marriages of couples who migrate from states where such marriages are legal. These nonrecognition laws effectively transform the marital parties into legal strangers, causing significant harms: property rights are potentially altered, spouses disinherited, children put at risk, and financial, …
Why Virginia's Challenges To The Patient Protection And Affordable Care Act Did Not Invoke Nullification, Robert S. Claiborne Jr.
Why Virginia's Challenges To The Patient Protection And Affordable Care Act Did Not Invoke Nullification, Robert S. Claiborne Jr.
Law Student Publications
This comment's focus is to convincingly demonstrate that neither the General Assembly's Health Care Freedom Act nor the Commonwealth's constitutional challenge to the minimum essential coverage provision were exercises of nullification. Part II of this comment relates a brief history of the ACA's passage alongside the Virginia Health Care Freedom Act's enactment and the Attorney General of Virginia Ken Cuccinelli's suit against Secretary of Health and Human Services Kathleen Sebelius. Part III defines nullification and further explains it through the historical instances when Virginia has considered the doctrine. Part IV demonstrates that-far from nullifying the minimum essential coverage provision-Virginia has …
The Jury's Second Coming, Jenny E. Carroll
The Jury's Second Coming, Jenny E. Carroll
Faculty Scholarship
This article explores the controversial issue of jury nullification by reconceptualizing nullification through the lens of the Supreme Court’s recent decisions beginning with Apprendi v. New Jersey. Apprendi’s embrace of the jury’s historical powers — require a rejection of the formalized and static paradigm in favor of a more fluid vision of the law. Despite extensive scholarship surrounding Apprendi, an innovative (though admittedly counter-intuitive) reading of the case line has been overlooked. This reading draws on Apprendi’s embrace of a vision of the law constructed and completed through jury interpretation and verdict. Interpreted in this way, the Apprendi case line …
Interposition And The Heresy Of Nullification: James Madison And The Exercise Of Sovereign Constitutional Powers, Christian G. Fritz
Interposition And The Heresy Of Nullification: James Madison And The Exercise Of Sovereign Constitutional Powers, Christian G. Fritz
Faculty Scholarship
Political arguments frequently use history for justification. Invariably, however, such efforts are less about taking the past on its own terms than the desire to make symbolic historical references that resonate with modern audiences in order to achieve particular political objectives, whether liberal or conservative. American politics today provides a good example of this practice, particularly in the invocation of the doctrine of nullification and secession as legitimate constitutional options supposedly sanctioned in the thought of such Federal Framers as James Madison. This essay explains why Madison emphatically rejected the attempt by a single state to nullify national laws, while …
Still Too Close To Call? Rethinking Stampp's "The Concept Of A Perpetual Union", Daniel W. Hamilton
Still Too Close To Call? Rethinking Stampp's "The Concept Of A Perpetual Union", Daniel W. Hamilton
Scholarly Works
No abstract provided.