Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication
- Publication Type
Articles 1 - 7 of 7
Full-Text Articles in Law
Restoration Constitutionalism And Socialist Asia, Bui Ngoc Son
Restoration Constitutionalism And Socialist Asia, Bui Ngoc Son
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
House Of Cards: How Rediscovering Republicanism Brings It Crashing Down, Jonathan E. Maddison
House Of Cards: How Rediscovering Republicanism Brings It Crashing Down, Jonathan E. Maddison
Catholic University Law Review
Using Frank Underwood’s maniacal political journey in the Netflix series House of Cards as an example of what is wrong with American politics, this article argues that the Supreme Court’s misapplication of First Amendment principles in Citizens United and other key campaign finance cases plays a large and problematic role. Providing an extensive historical overview of republicanism and First Amendment jurisprudence, this article suggests that a return to republican ideals, while not perfect, is both the solution and proper tool of analysis to be used by the Supreme Court for campaign finance cases and beyond.
Auxiliary Protections: Why The Founders’ Bicameral Congress Depended On Senators Elected By State Legislatures, Vince Eisinger
Auxiliary Protections: Why The Founders’ Bicameral Congress Depended On Senators Elected By State Legislatures, Vince Eisinger
Touro Law Review
No abstract provided.
The Falcon Cannot Hear The Falconer: How California's Initiative Process Is Creating An Untenable Constitution, Rudy Klapper
The Falcon Cannot Hear The Falconer: How California's Initiative Process Is Creating An Untenable Constitution, Rudy Klapper
Loyola of Los Angeles Law Review
Californians have always cherished the idea that ultimate political power lies in the people, an idea best represented by the state’s hugely influential initiative process. Today, however, that initiative power threatens to spiral out of control, thanks in large part to the California Supreme Court’s inability to construe appropriate limits on it. This has created an unbalanced government where the rights of minorities are easily circumscribed and the financial and political infrastructure of the state is in danger of buckling under the combined weight of dozens of initiatives. This Article argues that the judiciary’s haphazard interpretation of various rules and …
A Shot In The Dark: Why Virginia Should Adopt The Firing Squad As Its Primary Method Of Execution, P. Thomas Distanislao
A Shot In The Dark: Why Virginia Should Adopt The Firing Squad As Its Primary Method Of Execution, P. Thomas Distanislao
University of Richmond Law Review
No abstract provided.
Countersupermajoritarianism, Frederic Bloom, Nelson Tebbe
Countersupermajoritarianism, Frederic Bloom, Nelson Tebbe
Publications
How should the Constitution change? In Originalism and the Good Constitution, John McGinnis and Michael Rappaport argue that it ought to change in only one way: through the formal mechanisms set out in the Constitution’s own Article V. This is so, they claim, because provisions adopted by supermajority vote are more likely to be substantively good. The original Constitution was ratified in just that way, they say, and subsequent changes should be implemented similarly. McGinnis and Rappaport also contend that this substantive goodness is preserved best by a mode of originalist interpretation. In this Review, we press two main arguments. …
Inventing The Classical Constitution, Herbert J. Hovenkamp
Inventing The Classical Constitution, Herbert J. Hovenkamp
All Faculty Scholarship
One recurring call over a century of American constitutional thought is for return to a "classical" understanding of American federal and state Constitutions. "Classical" does not necessarily mean "originalist" or "interpretivist." Some classical views, such as the attempt to revitalize Lochner-style economic due process, find little support in the text of the federal Constitution or any of the contemporary state constitutions. Rather, constitutional meaning is thought to lie in a background link between constitution formation and classical statecraft. The core theory rests on the assumption of a social contract to which everyone in some initial position agreed. Like any contract, …