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Constitutional Law

2006

Student Scholarship Papers

Articles 1 - 3 of 3

Full-Text Articles in Law

The Case For Rational Basis Review Of General Suspicionless Searches And Seizures, Richard Worf Aug 2006

The Case For Rational Basis Review Of General Suspicionless Searches And Seizures, Richard Worf

Student Scholarship Papers

This Article examines the constitutional status of suspicionless searches and seizures of groups—an exceedingly important question in an age of terror, and a subject recently brought back to the forefront by the searches of subway passengers in New York City. It draws on process theory to argue that when a legislature has authorized a group search or seizure, courts should generally apply rational basis review. First, other areas of constitutional doctrine exhibit deep trust in the power of groups to protect their interests in the political process, and there is no reason why the Fourth Amendment should not do ...


Questioning The Fundamental Right To Marry, Joseph A. Pull May 2006

Questioning The Fundamental Right To Marry, Joseph A. Pull

Student Scholarship Papers

The Supreme Court has adopted the doctrine of a constitutional “fundamental right to marry,” and has construed this doctrine to mean a fundamental right to state-recognized legal-marriage. However, the doctrine has several problems: (a) the Court never satisfactorily explains why marriage is a fundamental right; (b) the Court never defines the boundaries of marriage as a fundamental right; and (c) the Court has occasionally treated marriage as if it were not a fundamental right.

Further, the idea of a “fundamental right to marry” contains a debilitating internal contradiction: the notion of a fundamental right implies firm privileges which the state ...


The Rise And Fall Of The Centrality Concern In Free Exercise Jurisprudence, Sean J. Young May 2006

The Rise And Fall Of The Centrality Concern In Free Exercise Jurisprudence, Sean J. Young

Student Scholarship Papers

In 1990, Smith changed the landscape of free exercise jurisprudence and introduced what this Article describes as the “centrality concern”: the principle that judges are in no place to determine the centrality of various activities to a particular religion. However, no legal scholar has recognized the extent to which the centrality concern has been undermined. This Article explains how Lukumi, Locke and most Circuits have undermined the centrality concern. Implications of this doctrinal anomaly will be illustrated with the example of the less often discussed religion of conservative Christianity, and the Article concludes with some brief recommendations.