Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 8 of 8
Full-Text Articles in Law
The Meaning, History, And Importance Of The Elections Clause, Eliza Sweren-Becker, Michael Waldman
The Meaning, History, And Importance Of The Elections Clause, Eliza Sweren-Becker, Michael Waldman
Washington Law Review
Historically, the Supreme Court has offered scant attention to or analysis of the Elections Clause, resulting in similarly limited scholarship on the Clause’s original meaning and public understanding over time. The Clause directs states to make regulations for the time, place, and manner of congressional elections, and grants Congress superseding authority to make or alter those rules.
But the 2020 elections forced the Elections Clause into the spotlight, with Republican litigants relying on the Clause to ask the Supreme Court to limit which state actors can regulate federal elections. This new focus comes on the heels of the Clause serving …
Texas: A Weak Governor State, Or Is It?, Ron Beal
Texas: A Weak Governor State, Or Is It?, Ron Beal
St. Mary's Law Journal
The current Texas Constitution was adopted in 1876 and was written after the Civil War and the Reconstruction Period when Federal troops occupied the State. The general perception is that the Federal troops used the Governor, in essence, to impose a form of dictatorship over the people. It was clearly the intent of the new constitution’s framers to create a very weak governor form of government in order to spread its powers to many independently elected officials. It provided that the state officers who were appointed by the Governor and approved by the Senate were semi-independent from the Governor by …
The Senate, The Trump Impeachment Trial And Constitutional Morality, Joel K. Goldstein
The Senate, The Trump Impeachment Trial And Constitutional Morality, Joel K. Goldstein
Chicago-Kent Law Review
No abstract provided.
Impeachment As A ‘Madisonian Device’ Reconsidered, Amanda Hollis-Brusky
Impeachment As A ‘Madisonian Device’ Reconsidered, Amanda Hollis-Brusky
Chicago-Kent Law Review
No abstract provided.
Like “Nobody Has Ever Seen Before”: Precedent And Privilege In The Trump Era, Heidi Kitrosser
Like “Nobody Has Ever Seen Before”: Precedent And Privilege In The Trump Era, Heidi Kitrosser
Chicago-Kent Law Review
No abstract provided.
Can President Trump Be Impeached As Mr. Trump? Exploring The Temporal Dimension Of Impeachments, Harold J. Krent
Can President Trump Be Impeached As Mr. Trump? Exploring The Temporal Dimension Of Impeachments, Harold J. Krent
Chicago-Kent Law Review
No abstract provided.
The Misguided On-Off Theory Of Congressional Authority, Steven D. Schwinn
The Misguided On-Off Theory Of Congressional Authority, Steven D. Schwinn
Chicago-Kent Law Review
No abstract provided.
The People's Court: On The Intellectual Origins Of American Judicial Power, Ian C. Bartrum
The People's Court: On The Intellectual Origins Of American Judicial Power, Ian C. Bartrum
Dickinson Law Review (2017-Present)
This article enters into the modern debate between “consti- tutional departmentalists”—who contend that the executive and legislative branches share constitutional interpretive authority with the courts—and what are sometimes called “judicial supremacists.” After exploring the relevant history of political ideas, I join the modern minority of voices in the latter camp.
This is an intellectual history of two evolving political ideas—popular sovereignty and the separation of powers—which merged in the making of American judicial power, and I argue we can only understand the structural function of judicial review by bringing these ideas together into an integrated whole. Or, put another way, …