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Articles 1 - 4 of 4

Full-Text Articles in Law

Summaries: Constitutional Law, Tova Zeff, Samuel Santistevan, Martis Mcallister, Douglas M. Buchanan Sep 2010

Summaries: Constitutional Law, Tova Zeff, Samuel Santistevan, Martis Mcallister, Douglas M. Buchanan

Golden Gate University Law Review

No abstract provided.


Constitutional Law, James Gaspich, Blaise Curet Sep 2010

Constitutional Law, James Gaspich, Blaise Curet

Golden Gate University Law Review

No abstract provided.


Commerce In The Commerce Clause: A Response To Jack Balkin, Robert G. Natelson Sep 2010

Commerce In The Commerce Clause: A Response To Jack Balkin, Robert G. Natelson

Michigan Law Review First Impressions

The Constitution's original meaning is its meaning to those ratifying the document during a discrete time period: from its adoption by the Constitutional Convention in late 1787 until Rhode Island's ratification on May 29, 1790. Reconstructing it requires historical skills, including a comprehensive approach to sources. Jack Balkin's article Commerce fails to consider the full range of evidence and thereby attributes to the Constitution's Commerce Clause a scope that virtually no one in the Founding Era believed it had.


Commerce, Jack M. Balkin Jan 2010

Commerce, Jack M. Balkin

Michigan Law Review

This Article applies the method of text and principle to an important problem in constitutional interpretation: the constitutional legitimacy of the modem regulatory state and its expansive definition of federal commerce power Some originalists argue that the modem state cannot be justified, while others accept existing precedents as a "pragmatic exception" to originalism. Nonoriginalists, in turn, point to these difficulties as a refutation of originalist premises. Contemporary originalist readings have tended to view the commerce power through modem eyes. Originalists defending narrow readings offederal power have identified "commerce" with the trade of commodities; originalists defending broad readings of federal power …