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Constitutional Law

2006

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Articles 1 - 3 of 3

Full-Text Articles in Law

Why The Defense Of Marriage Act Is Not (Yet?) Unconstitutional: Lawrence, Full Faith And Credit, And The Many Societal Actors That Determine What The Constitution Requires, Mark D. Rosen Mar 2006

Why The Defense Of Marriage Act Is Not (Yet?) Unconstitutional: Lawrence, Full Faith And Credit, And The Many Societal Actors That Determine What The Constitution Requires, Mark D. Rosen

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This Article argues that the Defense of Marriage Act (DOMA) is not unconstitutional - at least not yet. DOMA provides that States need not recognize same-sex marriages (or judgments in connection with such marriages) performed in sister States. The Article first shows that the Supreme Court's recent opinion in Lawrence v. Texas, which struck down as unconstitutional state laws that criminalized sodomy, has not invalidated the DOMA. Lawrence is best understood as having left undecided the constitutional status of same-sex marriage, and the Article explains the benefits of the Court's having held back its constitutional judgment on this subject ...


Kramer's Popular Constitutionalism: A Quick Normative Assessment, Sarah K. Harding Feb 2006

Kramer's Popular Constitutionalism: A Quick Normative Assessment, Sarah K. Harding

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No abstract provided.


Constitutional Education For The People Themselves, Sheldon Nahmod Feb 2006

Constitutional Education For The People Themselves, Sheldon Nahmod

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No abstract provided.