Constitutional Law Commons^™

Has Nihilism Politicized The Supreme Court Nomination Process?, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

The Role Of Religiously Affiliated Law Schools In The Renewal Of American Democracy, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

Is Religion A Non-Negotiable Aspect Of Liberal Constitutionalism?, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

The Dignity Canon, Noah B. Lindell

Cornell Journal of Law and Public Policy

Human dignity is not a freestanding constitutional right, but it is a strongly held constitutional value. To this point, however, human dignity has had no place in statutory interpretation. This Article argues that courts should create a dignity canon of interpretation, which would operate as a clear statement rule. If laws are to be construed to limit individual dignity, the legislature must expressly this plainly. By conducting re-dos of three Supreme Court cases in the areas of civil rights, criminal procedure, and personal health, the Article shows the promise of the dignity canon.

Postmodern Free Expression: A Philosophical Rationale For The Digital Age, Stephen M. Feldman

Marquette Law Review

Three philosophical rationales--search-for-truth, self-governance, and self-fulfillment--have animated discussions of free expression for decades. Each rationale emerged and attained prominence in American jurisprudence in specific political and cultural circumstances. Moreover, each rationale shares a foundational commitment to the classical liberal (modernist) self. But the three traditional rationales are incompatible with our digital age. IN particular, the idea of the classical liberal self enjoying maximum liberty in a private sphere does not fit in the postmodern information society. The time for a new rationale has arrived. The same sociocultural conditions that undermine the traditional rationales suggest a self-emergence rationale built on the …

The Presumptions Of Classical Liberal Constitutionalism, Matthew J. Lindsay

All Faculty Scholarship

Richard A. Epstein’s The Classical Liberal Constitution is an imposing addition to the burgeoning body of legal scholarship that seeks to “restore” a robust conception of economic liberty and limited government to its rightful place at the center of American constitutionalism. Legislators and judges operating within a “classical liberal conception of government,” Epstein explains, would approach skeptically “[a]ll [regulatory] proposals that deviate from the basic common law protections of life, liberty, and property.” Classical liberal constitutional courts would thus renounce the toothless rational basis review of the post-New Deal “progressive mindset,” and instead subject to exacting scrutiny the government’s “purported …

12/29/2016: Doing The Right Thing/Doing The Wrong Thing, Bruce Ledewitz

Hallowed Secularism

Blog post, “Doing the Right Thing/Doing the Wrong Thing“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

12/25/2016: Christmas, 2016—Secular Hope, Bruce Ledewitz

Hallowed Secularism

Blog post, “Christmas, 2016—Secular Hope“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

December 20, 2016: Faithless Calls For Faithless Electors, Bruce Ledewitz

Hallowed Secularism

Blog post, “Faithless Calls for Faithless Electors“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

December 17, 2016: I Don't Understand Charles Krauthammer, Bruce Ledewitz

Hallowed Secularism

Blog post, “I Don't Understand Charles Krauthammer“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

December 16, 2016: The Fed And The President Elect, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Fed and the President Elect“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

December 10, 2016: The Businessman’S Economy, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Businessman’s Economy“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

December 7, 2016: Mark Lilla Discovers The Necessity Of Truth, Bruce Ledewitz

Hallowed Secularism

Blog post, “Mark Lilla Discovers the Necessity of Truth“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

A Structural Etiology Of The U.S. Constitution, Charles Lincoln

Journal of Legislation

This article offers an interpretation of the problems addressed by and the eventual purpose of the United States government. Simultaneously, it seeks to analyze and explain the continued three-part structure of the United States federal government as outlined in the Constitution. Subsequently I define the three parts of the federal government—judiciary, executive, and legislative—as explained through the lens of the Platonic paradigm of (logos = word = law), (thymos = external driving spirit = executive), and (eros = general welfare = legislative) extrapolated from Plato’s dialogues.

First, the article establishes Plato’s theory of the three-part Platonic soul …

December 4, 2016: The Supreme Court And Politics, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Supreme Court and Politics“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

A Structural Etiology Of The U.S. Constitution, Charles Edward Andrew Lincoln Iv

Student Scholarship

This article offers an interpretation of the problems addressed by and the eventual purpose of the United States government. Simultaneously, it seeks to analyze and explain the continued three-part structure of the United States federal government as outlined in the Constitution. Subsequently I define the three parts of the federal government—judiciary, executive, and legislative—as explained through the lens of the Platonic paradigm of (logos = word = law), (thymos = external driving spirit = executive), and (eros = general welfare = legislative) extrapolated from Plato’s dialogues.

First, the article establishes Plato’s theory of the three-part Platonic soul as a major …

November 30, 2016: More Paranoia: "Millions" Of Illegal Voters, Bruce Ledewitz

Hallowed Secularism

Blog post, “More Paranoia: "millions" of illegal voters“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

November 27, 2016: Perfect Paranoia—-Jill Stein’S Recount, Bruce Ledewitz

Hallowed Secularism

Blog post, “Perfect Paranoia—-Jill Stein’s Recount“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

November 19, 2016: The Hypocrisy Of The Congressional Republican Party, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Hypocrisy of the Congressional Republican Party“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

November 16, 2016: The End Of The Spritual Thirst For Democracy, Bruce Ledewitz

Hallowed Secularism

Blog post, “The End of the Spritual Thirst for Democracy“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

November 13, 2016: It Was Jobs, Heroin And Disconnection—Not Racism, Bruce Ledewitz

Hallowed Secularism

Blog post, “It Was Jobs, Heroin and Disconnection—Not Racism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

November 10, 2016: Don’T Forget That The Game Is Still Rigged, Bruce Ledewitz

Hallowed Secularism

Blog post, “Don’t Forget that the Game is Still Rigged“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

November 6, 2016: “Nobody Believes The Numbers Anyway", Bruce Ledewitz

Hallowed Secularism

Blog post, “Nobody Believes the Numbers Anyway“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

November 2, 2016: What Comey Did, Bruce Ledewitz

Hallowed Secularism

Blog post, “What Comey Did“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

October 27, 2016: Republicans About To Practice Supreme Court Shutdown, Bruce Ledewitz

Hallowed Secularism

Blog post, “Republicans About to Practice Supreme Court Shutdown“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

October 20, 2016: Why Tolerate Religion, Bruce Ledewitz

Hallowed Secularism

Blog post, “Why Tolerate Religion“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

October 15, 2016: So, Hallowed Secularism Is Getting Somewhere, Bruce Ledewitz

Hallowed Secularism

Blog post, “So, Hallowed Secularism is Getting Somewhere“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

October 10, 2016: No, Trump Was Not Advocating Sexual Assault, Bruce Ledewitz

Hallowed Secularism

Blog post, “No, Trump Was Not Advocating Sexual Assault“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

October 8, 2016: Nihilism Looks Like This, Bruce Ledewitz

Hallowed Secularism

Blog post, “Nihilism Looks Like This“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

October 2, 2016: Three Days At Regent Law School, Bruce Ledewitz

Hallowed Secularism

Blog post, “Three Days at Regent Law School“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.