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Constitution

1986

Discipline
Institution
Publication
Publication Type

Articles 1 - 15 of 15

Full-Text Articles in Law

The Rise And Fall Of The "Doctrine" Of Separation Of Powers, Philip B. Kurland Dec 1986

The Rise And Fall Of The "Doctrine" Of Separation Of Powers, Philip B. Kurland

Michigan Law Review

As the Constitution of the United States nears its two hundredth anniversary, there is a frenzy of celebration. However awesome the accomplishment, I submit that it is no slander to recognize that the 1787 document was born of prudent compromise rather than principle, that it derived more from experience than from doctrine, and that it was received with an ambivalence in no small part attributable to its ambiguities. Indeed, its most stalwart supporters doubted its capacity for a long life. It should not be surprising, then, that even today there is disagreement over whether the Constitution of 1787 is now …


The Decency Of Capital Punishment For Minors: Contemporary Standards And The Dignity Of Juveniles, Lawrence A. Vanore Oct 1986

The Decency Of Capital Punishment For Minors: Contemporary Standards And The Dignity Of Juveniles, Lawrence A. Vanore

Indiana Law Journal

No abstract provided.


Federal Courts, Federal Crimes And Federalism, Roger J. Miner '56 Sep 1986

Federal Courts, Federal Crimes And Federalism, Roger J. Miner '56

Federalism

No abstract provided.


The National Park System And Development On Private Lands: Opportunities And Tools To Protect Park Resources, Michael Mantell Sep 1986

The National Park System And Development On Private Lands: Opportunities And Tools To Protect Park Resources, Michael Mantell

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

34 pages.

Contains footnotes.


The Reconstruction Amendments' Debates. Edited By Alfred Avins, Robert M. Ireland Sep 1986

The Reconstruction Amendments' Debates. Edited By Alfred Avins, Robert M. Ireland

Washington and Lee Law Review

No abstract provided.


Hyperspace, Girardeau A. Spann Apr 1986

Hyperspace, Girardeau A. Spann

Michigan Law Review

A Review of The Supreme Court and Constitutional Democracy by John Agresto


Cloning And The Constitution: An Inquiry Into Governmental Policymaking And Genetic Experimentation, Barry J. Swanson Apr 1986

Cloning And The Constitution: An Inquiry Into Governmental Policymaking And Genetic Experimentation, Barry J. Swanson

Michigan Law Review

A Review of Cloning And the Constitution: An Inquiry Into Governmental Policymaking and Genetic Experimentation by Ira H. Carmen


Liberalism And American Constitutional Law, Eric Brunstad Apr 1986

Liberalism And American Constitutional Law, Eric Brunstad

Michigan Law Review

A Review of Liberalism and American Constitutional Law by Rogers M. Smith


The Constitution As Mirror: Tribe's Constitutional Choices, Richard A. Posner Apr 1986

The Constitution As Mirror: Tribe's Constitutional Choices, Richard A. Posner

Michigan Law Review

A Review of Constitutional Choices by Laurence H. Tribe


Book Review: The Constitution In The Supreme Court: The First Hundred Years, 1789-1888., David S. Bogen Jan 1986

Book Review: The Constitution In The Supreme Court: The First Hundred Years, 1789-1888., David S. Bogen

Faculty Scholarship

No abstract provided.


The Secular Meaning Behind The Lemon Test: Lynch V. Donnelly Jan 1986

The Secular Meaning Behind The Lemon Test: Lynch V. Donnelly

Touro Law Review

No abstract provided.


A Race By Any Other Name: The Interplay Between Ethnicity, National Origin And Race For Purposes Of Section 1981, Eileen R. Kaufman Jan 1986

A Race By Any Other Name: The Interplay Between Ethnicity, National Origin And Race For Purposes Of Section 1981, Eileen R. Kaufman

Scholarly Works

No abstract provided.


Can Consent Waive Absolute Rights To An Article Iii Court (85-621) (85-642), Ronald Filler Jan 1986

Can Consent Waive Absolute Rights To An Article Iii Court (85-621) (85-642), Ronald Filler

Articles & Chapters

No abstract provided.


Constitutional Interpretation—The Uses And Limitations Of Original Intent, Thomas B. Mcaffee Jan 1986

Constitutional Interpretation—The Uses And Limitations Of Original Intent, Thomas B. Mcaffee

Scholarly Works

It is fitting that in the decade of the Bicentennial of the Constitution we have seen a renewal of debate over the meaning of the Constitution and what is required to remain true to it. An aspect of that debate has concerned constitutional interpretation and the role of “original intent”—or perhaps more broadly, “original context”—in any proper approach to the interpretive process. Unfortunately, the debate is frequently approached from virtually an either/or perspective, as though the intent of the Framers must either control all constitutional questions or be used as no more than window-dressing. While some advocates of original intent …


Revolutionary Constitutionalism In The Era Of The Civil War And Reconstruction , Robert J. Kaczorowski Jan 1986

Revolutionary Constitutionalism In The Era Of The Civil War And Reconstruction , Robert J. Kaczorowski

Faculty Scholarship

The meaning and scope of the fourteenth amendment and the Civil Rights Act of 1866 remain among the most controversial issues in American constitutional law. Professor Kaczorowski contends that the issues have generated more controversy than they warrant, in part because scholars analyzing the legislative history of the amendment and statute have approached their task with preconceptions reflecting twentieth century legal concerns. He argues that the most important question for the framers was whether national or state governments possessed primary authority to determine and secure the status and rights of American citizens. Relying on records of the congressional debates as …