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Articles 1951 - 1980 of 2060

Full-Text Articles in Constitutional Law

Some Modest Proposals On The Vice-Presidency, Richard D. Friedman Jan 1988

Some Modest Proposals On The Vice-Presidency, Richard D. Friedman

Articles

There are many good things in the Constitution, but the vice-presidency isn't one of them. In Part I of this essay, I will argue that there are three basic problems with the vice-presidency: the method of nomination, the method of election, and the office itself. That just about covers the waterfront.' If we had to do it all over again, we almost certainly would not" create the system we currently have. We cannot undo history, but we do have a very strong incentive to develop a better system of succession to the presidency. Whom we choose as vice-president is a …


Challenge To The First Amendment, Bruce Ledewitz Oct 1987

Challenge To The First Amendment, Bruce Ledewitz

Ledewitz Papers

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


Federalism: Legal Fiction And Historical Artifact?, Harold M. Hyman Sep 1987

Federalism: Legal Fiction And Historical Artifact?, Harold M. Hyman

BYU Law Review

No abstract provided.


Changing Conceptions Of Administration, Cass R. Sunstein Sep 1987

Changing Conceptions Of Administration, Cass R. Sunstein

BYU Law Review

No abstract provided.


The Debate Over Bork Nomination Misses The Point, Bruce Ledewitz Aug 1987

The Debate Over Bork Nomination Misses The Point, Bruce Ledewitz

Ledewitz Papers

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


A Conversation Between A Judge And His Friend Concerning Whether The Judge Should Sentence A Defendant To Death, Bruce Ledewitz Jun 1987

A Conversation Between A Judge And His Friend Concerning Whether The Judge Should Sentence A Defendant To Death, Bruce Ledewitz

Ledewitz Papers

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


Judicial Conscience And Natural Rights: A Reply To Professor Jaffa, Bruce Ledewitz Jan 1987

Judicial Conscience And Natural Rights: A Reply To Professor Jaffa, Bruce Ledewitz

Ledewitz Papers

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


The New Role Of Statutory Aggravating Circumstances In American Death Penalty Law, Bruce Ledewitz Jan 1987

The New Role Of Statutory Aggravating Circumstances In American Death Penalty Law, Bruce Ledewitz

Ledewitz Papers

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


Population Changes And Constitutional Amendments: Federalism Versus Democracy, Peter Suber Jan 1987

Population Changes And Constitutional Amendments: Federalism Versus Democracy, Peter Suber

University of Michigan Journal of Law Reform

To amend the federal Constitution, we need the assent of two-thirds of each house of Congress and three-fourths of the states. This Article focuses on the three-fourths requirement for the states. This threshold is particularly high, and it suggests that constitutional amendment is very difficult. In fact, amendment is difficult in different degrees for different constituencies, depending not on their numbers but on where they live.


Washington's Partial Veto Power: Judicial Construction Of Article Iii, Section 12, Heidi A. Irvin Jan 1987

Washington's Partial Veto Power: Judicial Construction Of Article Iii, Section 12, Heidi A. Irvin

Seattle University Law Review

This Note recommends that the separate subject test employed by Washington courts in reviewing the constitutional validity of partial vetoes be abandoned like the affirmative-negative test before it. In the alternative, the Constitution should be amended to remove any perceived need for a subjective judicial test. As a last-choice solution to the problem of uncertainty and inefficiency in the legislative process, the legislature should use its override powers more extensively.


On The Constitutional Status Of The Administrative Agencies, Harold H. Bruff Jan 1987

On The Constitutional Status Of The Administrative Agencies, Harold H. Bruff

Publications

No abstract provided.


Review Essay: Liberalism And The Supreme Court, Donald P. Kommers Jan 1987

Review Essay: Liberalism And The Supreme Court, Donald P. Kommers

Journal Articles

In Liberalism and American Constitutional Law, Rogers M. Smith of Yale University takes stock of the American liberal tradition and its impact on the Supreme Court's constitutional jurisprudence. It argues that the tradition's political vision lacks philosophical coherence and that our constitutional law, by reflecting this incoherence, has failed to provide the legal community with a public philosophy suited to the needs of American society in the late twentieth century.His goal is to demonstrate the superiority of "rational liberty," both as a philosophical theory and practical guide to constitutional policymaking, over three major competing versions of liberal constitutionalism. To wit: …


Long V. Egnor: Reexamining The Law Of Defamation In The Context Of Public Officials, Phillip B. Scott Jan 1987

Long V. Egnor: Reexamining The Law Of Defamation In The Context Of Public Officials, Phillip B. Scott

West Virginia Law Review

No abstract provided.


Rationalism In Constitutional Law, Robert F. Nagel Jan 1987

Rationalism In Constitutional Law, Robert F. Nagel

Publications

No abstract provided.


A Comment On Democratic Constitutionalism, Robert F. Nagel Jan 1987

A Comment On Democratic Constitutionalism, Robert F. Nagel

Publications

No abstract provided.


Teaching Tolerance, Robert F. Nagel Jan 1987

Teaching Tolerance, Robert F. Nagel

Publications

No abstract provided.


Law And The Experience Of Politics In Late Eighteenth-Century North Carolina: North Carolina Considers The Constitution, Walter F. Pratt Jan 1987

Law And The Experience Of Politics In Late Eighteenth-Century North Carolina: North Carolina Considers The Constitution, Walter F. Pratt

Journal Articles

In 1788, delegates assembled in North Carolina to decide whether to ratify the Constitution. A debate erupted between Federalists and Anti-federalists regarding each Article of the then-drafted Constitution. This Article analyzes the debate, and proposes that the key difference was the function of the role of the law.


The Questions Rehnquist Hasn't Had To Answer, Bruce Ledewitz Aug 1986

The Questions Rehnquist Hasn't Had To Answer, Bruce Ledewitz

Ledewitz Papers

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


Political And Religious Disestablishment, Michael W. Mcconnell May 1986

Political And Religious Disestablishment, Michael W. Mcconnell

BYU Law Review

No abstract provided.


Monzo Raises Taxing Issue, Bruce Ledewitz Mar 1986

Monzo Raises Taxing Issue, Bruce Ledewitz

Ledewitz Papers

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


The Death Penalty—An Issue Of Conscience And Conflict, Bruce Ledewitz Jan 1986

The Death Penalty—An Issue Of Conscience And Conflict, Bruce Ledewitz

Ledewitz Papers

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


Tales Of The Donkey-A New Future For The Democratic Party, Bruce Ledewitz Jan 1986

Tales Of The Donkey-A New Future For The Democratic Party, Bruce Ledewitz

Ledewitz Papers

Paper submitted to the Outreach Program of the Democratic Policy Commission to "identify emerging ideas and policy innovations among Democratic constituency groups, academics, policy experts and public officials." (Appendix D, p. 71) All papers were then reviewed by a group of volunteer policy specialists and their abstracts were subsequently "published and distributed at the appropriate Regional Round tables. All papers submitted were thereby made available to commission members and to other interested parties" (Id.). "Tales of the Donkey - A New Future for the Democratic Party" was submitted to the Democratic Policy Commission on Cross -Cutting Issues Affecting the Democratic …


The Death Penalty—An Issue Of Conscience And Conflict, Bruce Ledewitz Jan 1986

The Death Penalty—An Issue Of Conscience And Conflict, Bruce Ledewitz

Ledewitz Papers

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


Revolutionary Constitutionalism In The Era Of The Civil War And Reconstruction , Robert J. Kaczorowski Jan 1986

Revolutionary Constitutionalism In The Era Of The Civil War And Reconstruction , Robert J. Kaczorowski

Faculty Scholarship

The meaning and scope of the fourteenth amendment and the Civil Rights Act of 1866 remain among the most controversial issues in American constitutional law. Professor Kaczorowski contends that the issues have generated more controversy than they warrant, in part because scholars analyzing the legislative history of the amendment and statute have approached their task with preconceptions reflecting twentieth century legal concerns. He argues that the most important question for the framers was whether national or state governments possessed primary authority to determine and secure the status and rights of American citizens. Relying on records of the congressional debates as …


Freedom Of Speech As Therapy, Pierre Schlag Jan 1986

Freedom Of Speech As Therapy, Pierre Schlag

Publications

No abstract provided.


Con Law Limit Is Eroding, Bruce Ledewitz May 1985

Con Law Limit Is Eroding, Bruce Ledewitz

Ledewitz Papers

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


Economic Review Is Up To The States, Bruce Ledewitz Mar 1985

Economic Review Is Up To The States, Bruce Ledewitz

Ledewitz Papers

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


Confession Law Isn't Necessary, Bruce Ledewitz Jan 1985

Confession Law Isn't Necessary, Bruce Ledewitz

Ledewitz Papers

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


The Power Of The President To Enforce The Fourteenth Amendment, Bruce Ledewitz Jan 1985

The Power Of The President To Enforce The Fourteenth Amendment, Bruce Ledewitz

Ledewitz Papers

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


Edmond Cahn's Sense Of Injustice: A Contemporary Reintroduction, Bruce Ledewitz Jan 1985

Edmond Cahn's Sense Of Injustice: A Contemporary Reintroduction, Bruce Ledewitz

Ledewitz Papers

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