Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication
- Publication Type
Articles 1 - 6 of 6
Full-Text Articles in Law
The Executive Power Of Constitutional Interpretation, Gary S. Lawson, Christopher D. Moore
The Executive Power Of Constitutional Interpretation, Gary S. Lawson, Christopher D. Moore
Faculty Scholarship
It is emphatically the province and duty of the President to say what the law is, including the law embodied in the Federal Constitution. In the mid-1980s, a claim of this sort would have been received by the legal intelligentsia with some combination of bemusement and outrage. One would have heard, loudly and often, that it is the special province of the federal courts to declare the meaning of the Constitution, -Lnd that any attempt to question the judiciary's supreme interpretative role, especially in favor of an interpretative role for the President, was an attack on the rule of law …
A Nonoriginalist Perspective On The Lessons Of History, Michael C. Dorf
A Nonoriginalist Perspective On The Lessons Of History, Michael C. Dorf
Cornell Law Faculty Publications
No abstract provided.
Progress And Constitutionalism, Robert F. Nagel
A Text Is Just A Text, Paul F. Campos
Hiding The Ball, Pierre Schlag
The Struggle Over The Past, Robert W. Gordon
The Struggle Over The Past, Robert W. Gordon
Cleveland State Law Review
History supplies a set of basic ground rules; the "traditional principles of the common law," from which much modem law, both judge-made and statutory law, is seen as having improperly deviated. As the New Right ideology spreads among elite decision-makers and intellectuals, it poses a serious challenge to the Progressive-liberal consensus about the legal meanings of history that had previously dominated American legal thought for a very long time. The historical claims of New Right ideology in particular have touched off a number of fierce debates among Old (Progressive) Liberal, New Right, and radical legal intellectuals. In Section II, the …