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Constitution

2018

Selected Works

Articles 1 - 4 of 4

Full-Text Articles in Law

Presidential Succession And Disability: Marking The 50th Anniversary Of The 25th Amendment, John D. Feerick, Joel K. Goldstein, John Rogan, Robert J. Reilly Sep 2018

Presidential Succession And Disability: Marking The 50th Anniversary Of The 25th Amendment, John D. Feerick, Joel K. Goldstein, John Rogan, Robert J. Reilly

Joel K. Goldstein, J.D.

Discussion with Dean John Feerick and Joel Goldstein (St. Louis University School of Law), Fordham University School of Law, February 3, 2017. This event marked the fiftieth anniversary of the Twenty-Fifth Amendment's ratification. Moderated by John Rogan. Introduction by Dean Robert Reilly. Program of the Twenty-Fifth Amendment Series.


Symposium: The Adequacy Of The Presidential Succession System In The 21st Century, Part 3, Joel K. Goldstein, John D. Feerick, Benton Becker, James E. Fleming, Birch Bayh, Robert J. Kaczorowski Sep 2018

Symposium: The Adequacy Of The Presidential Succession System In The 21st Century, Part 3, Joel K. Goldstein, John D. Feerick, Benton Becker, James E. Fleming, Birch Bayh, Robert J. Kaczorowski

Joel K. Goldstein, J.D.

Symposium. Panel: Joel K. Goldstein, Dean John D. Feerick, Benton Becker, James E. Fleming, and Senator Birch Bayh. Moderated by Robert Kaczorowski. Fordham University School of Law, April 16, 2010. Aired on C-SPAN.


Gerrymandering And Conceit: The Supreme Court's Conflict With Itself, Mckay Cunningham Jan 2018

Gerrymandering And Conceit: The Supreme Court's Conflict With Itself, Mckay Cunningham

McKay Cunningham

In November 2016, a federal court struck as unconstitutional Wisconsin’s redistricting map under both the First Amendment and the Equal Protection Clause. The court’s decision in Whitford v. Gill marks the first time a federal court invalidated a redistricting map as unconstitutional for partisan gerrymandering in over thirty years. Wisconsin has appealed the decision to the United States Supreme Court, which recently granted review. The Supreme Court has long held that extreme partisan gerrymandering violates equal protection but has simultaneously refused to determine the merits of gerrymandering disputes, instead labeling them as non-justiciable political questions. In particular, the Court has …


The Amendment Effect, Jonathan L. Marshfield Dec 2017

The Amendment Effect, Jonathan L. Marshfield

Jonathan Marshfield

Conventional theories of constitutional design suggest that frequent formal amendment of a constitution’s text likely has a restraining effect on the practice of judicial review. On these theories, courts are more likely to favor the status quo when construing a constitution that is amended frequently, and more likely to issue transformative rulings when a constitution is difficult to amend. This Article investigates these claims by analyzing an original data-set of hand-coded opinions from state high courts in the United States. Because state constitutional amendment rates vary widely, these data provide a meaningful opportunity to explore how judges practice judicial review …