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Articles 1 - 30 of 1261
Full-Text Articles in Constitutional Law
Foreword, Marlene Coss
Nondelegation In Winter (Again), David Zaring
Nondelegation In Winter (Again), David Zaring
UC Law Constitutional Quarterly
Last term, the Supreme Court – these days thought to be intensely interested in reviving a formalist separation of the branches of government – has finally abandoned the quintessence of that project, a revitalization of the nondelegation doctrine. This essay argues that the Court’s decision in FCC v. Consumers’ Research reflects a pragmatic turn: rather than rewriting the test for nondelegation, the Court retained the old test, gave up on formalist reform, and indicated that it will be looking elsewhere for separation of powers remedies. The result is a jurisprudence that remains formally attached to its precedents while embracing the …
The Supreme Court’S New Map Of Federalism, Stephen M. Griffin
The Supreme Court’S New Map Of Federalism, Stephen M. Griffin
UC Law Constitutional Quarterly
No abstract provided.
The American Samoan Oxymoron: The Noncitizen National And The Meaning Of Citizenship, Craig R. Shagin, Delaram Rezaeikhonakdar
The American Samoan Oxymoron: The Noncitizen National And The Meaning Of Citizenship, Craig R. Shagin, Delaram Rezaeikhonakdar
UC Law Constitutional Quarterly
This article examines the legal distinction between U.S. citizens and noncitizen nationals, with a particular focus on American Samoa. While residents of other U.S. territories—such as Guam, Puerto Rico, and the U.S. Virgin Islands—are granted U.S. citizenship by legislation, American Samoa remains the only unincorporated U.S. territory whose inhabitants are recognized as nationals but not citizens. This distinction results in significant political disabilities for American Samoans even when residing in a state, as they may not vote, hold public office, or serve on juries. The article argues that there is no substantive distinction between “citizen” and “noncitizen national” beyond the …
The Florida “Educational” And Employer Censorship Statutes: Constitutional Challenges, Joel E. Davidson
The Florida “Educational” And Employer Censorship Statutes: Constitutional Challenges, Joel E. Davidson
UC Law Constitutional Quarterly
No abstract provided.
Originalism Chokes: The 2024 Trump Cases, Lawrence Rosenthal
Originalism Chokes: The 2024 Trump Cases, Lawrence Rosenthal
UC Law Constitutional Quarterly
By 2024, a majority of the Justices of the Supreme Court had expressed the view that to be legitimate, constitutional adjudication must be based on the original meaning of the Constitution’s text. Anything else, these Justices have argued, is illegitimate judicial policymaking. Yet, in what were likely the two most critical and high-profile cases decided in 2024, the Court, including its avowedly originalist Members, made no use of originalism. In the first case, the Court faced the question whether a State could bar President Trump from running for President under Section 3 of the Fourteenth Amendment. In the second, the …
Editor-In-Chief's Foreword, Marlene Coss
Editor-In-Chief's Foreword, Marlene Coss
UC Law Constitutional Quarterly
No abstract provided.
Bruen, Levels Of Generality, And Our Historical Tradition Of The Regulatory “Why”, Kevin K. Wang
Bruen, Levels Of Generality, And Our Historical Tradition Of The Regulatory “Why”, Kevin K. Wang
UC Law Constitutional Quarterly
To pass Second Amendment muster under New York State Rifle & Pistol Association v. Bruen, gun laws encompassed by the Amendment’s plain text must align with our nation’s historical tradition of firearm regulation. A challenged law comports with history and tradition when it is sufficiently analogous to historical regulations along two metrics: “how” and “why” the regulation burdens the right to keep and bear arms.
One glaring ambiguity leftover from Bruen is the level of generality at which courts, when analogizing between laws past and present, must frame a regulation’s “how” and “why”—an issue of major consequence. Characterizing the “how” …
The Body At The Mercy Of The State: Sama V. Hannigan And The Fragmented Right To Refuse Across State Lines, Mallory Yeates
The Body At The Mercy Of The State: Sama V. Hannigan And The Fragmented Right To Refuse Across State Lines, Mallory Yeates
UC Law Constitutional Quarterly
Courts have long recognized bodily autonomy as a core constitutional value. Yet, doctrine governing reproductive healthcare tells a different story. Sama v. Hannigan exposes the fragility of the right to refuse medical treatment, particularly for incarcerated patients whose claims must survive the demanding standard of qualified immunity. When physicians removed Carrie Rahat Sama’s ovary despite her explicit refusal, her constitutional claim failed because no precedent with sufficiently similar facts had previously condemned such conduct. This case reveals how the “clearly established” prong of qualified immunity can foreclose redress for blatant violations of autonomy.
This Note argues that the viability of …
United States V. Skrmetti: On Realism, Reason, And Hope, Marc Spindelman
United States V. Skrmetti: On Realism, Reason, And Hope, Marc Spindelman
UC Law Constitutional Quarterly
No abstract provided.
Foreword, Marlene Coss
When Constitutional Protection For Religious Liberty Gets Lost In Translation: A Case Study From Washington State, Robert W. Gomulkiewicz
When Constitutional Protection For Religious Liberty Gets Lost In Translation: A Case Study From Washington State, Robert W. Gomulkiewicz
UC Law Constitutional Quarterly
Protecting religious liberty can present difficult challenges when religious liberty conflicts with laws prohibiting discrimination. Balancing religious liberty and nondiscrimination requires courts to accurately apply the U.S. Supreme Court’s complex First Amendment jurisprudence, including cases that address compelled speech, expressive association, and church autonomy. Amidst all the complexity, protection for religious liberty can get lost in translation. One important venue where protection can get lost in translation is in religious liberty cases decided by state supreme courts. The decisions of state supreme courts are especially significant because they provide the authoritative construction for state statutes and the state constitution. In …
The Merit Systems Protection Board And Removal Doctrine In The Second Trump Administration, Nathan A. Thomas
The Merit Systems Protection Board And Removal Doctrine In The Second Trump Administration, Nathan A. Thomas
UC Law Constitutional Quarterly
In a federal civil service of millions, a means of adjudicating internal employment disputes objectively and efficiently is integral to the continued confidence of the federal workforce.1 This is the role occupied by the U.S. Merit Systems Protection Board.2 On February 10, 2025, President Trump fired MSPB Chairman Cathy Harris without citing any reason, in direct violation of the good cause standard needed to remove an MSPB Board member. 3 President Trump’s unjustified firing of Chairman Harris reopens the ongoing assault on removal doctrine, but this note argues that the structure of the MSPB is constitutional under current removal doctrine. …
Geofence Surveillance And The Possibility Of Radicalization, Bardia Moghtaderi Zadeh
Geofence Surveillance And The Possibility Of Radicalization, Bardia Moghtaderi Zadeh
UC Law Constitutional Quarterly
No abstract provided.
The Role Of First Amendment In Equal Protection And Affirmative Action Analysis: The Compelling Governmental Interest, Simona Grossi
The Role Of First Amendment In Equal Protection And Affirmative Action Analysis: The Compelling Governmental Interest, Simona Grossi
UC Law Constitutional Quarterly
The Supreme Court’s decision in Students for Fair Admissions v. Harvard College has transformed the legal framework governing university admissions, sharply limiting race-conscious policies and compelling institutions to align their diversity objectives with the newly shaped heightened scrutiny under the Equal Protection Clause. Concurrently, the Trump administration’s broad-based attack on diversity, equity, and inclusion (DEI) programs—culminating in executive orders restricting race-conscious initiatives— has further intensified the legal and political pressure on colleges and universities striving to foster inclusive academic environments. This article contends that the First Amendment—particularly its protections of academic freedom and free speech—plays a critical and underutilized role …
June 30, 2023: Resurrections And Bad Omens Of A Nadir Court, Zamir Ben-Dan
June 30, 2023: Resurrections And Bad Omens Of A Nadir Court, Zamir Ben-Dan
UC Law Constitutional Quarterly
June 29, 2023 was monumental for racial justice advocates and scholars; the U.S. Supreme Court issued a major decision that eviscerated affirmative action while declaring itself a vanguard of racial equality. The Court’s race-related juridical activities on the following day, June 30th, received far less attention. On June 30, 2023, the Court denied certiorari in five cases directly implicating race. Those denials of certiorari generated five opinions, two concurring in the denial and three dissenting from denial. These five opinions should have created as much buzz as the Court’s affirmative action decision the day prior; examined together, they tell a …
The Role Of Procedural Due Process In Equal Protection And Affirmative Action Analysis: The Narrowly Tailored Prong, Simona Grossi
The Role Of Procedural Due Process In Equal Protection And Affirmative Action Analysis: The Narrowly Tailored Prong, Simona Grossi
UC Law Constitutional Quarterly
The Supreme Court’s decision in Students for Fair Admissions v. Harvard College marked the end of affirmative action as traditionally practiced in higher education admissions, forcing universities to seek alternative legal pathways for fostering diversity. At the same time, the Trump administration’s executive orders targeting DEI initiatives have exacerbated the legal uncertainty, raising critical questions about how institutions can preserve fairness in admissions while withstanding both judicial and political scrutiny.
This article argues that Procedural Due Process—when read in conjunction with Equal Protection—provides a constitutionally sound and structurally fair framework for admissions policies that align with strict scrutiny while preserving …
The Legal Significance Of Gender Inclusive Language In The North Dakota Constitution, Paul Benjamin Linton
The Legal Significance Of Gender Inclusive Language In The North Dakota Constitution, Paul Benjamin Linton
UC Law Constitutional Quarterly
No abstract provided.
To Insure Domestic Tranquility And Provide For The Common Defence: The Preamble’S Concern With Internal And External Threats, Stuart Ford
UC Law Constitutional Quarterly
No abstract provided.
Editor-In-Chief’S Foreword, Megan Stupi
Editor-In-Chief’S Foreword, Megan Stupi
UC Law Constitutional Quarterly
No abstract provided.
Default Is No Option: The Unconstitutionality Of The Debt Limit Law, Fred A. Slone
Default Is No Option: The Unconstitutionality Of The Debt Limit Law, Fred A. Slone
UC Law Constitutional Quarterly
This article demonstrates conclusively the unconstitutionality of a widely feared default on the public debt due to the debt limit.
First, we find that Article I of the Constitution granted Congress no power, express or implied, to provide for a default by the United States. Under the principles of constitutional law established by the Supreme Court in Marbury v. Madison (1803), any law outside the powers of Congress is void. Thus, the unconstitutionality of a default may be readily established pursuant to Article I, with additional support from the Tenth Amendment.
Furthermore, we find that the Fifth and Fourteenth Amendments …
Reevaluating Fourth Amendment Protections In The Digital Age, Tiffany Benjamin
Reevaluating Fourth Amendment Protections In The Digital Age, Tiffany Benjamin
UC Law Constitutional Quarterly
No abstract provided.
Editor-In-Chief’S Foreword, Megan Stupi
Editor-In-Chief’S Foreword, Megan Stupi
UC Law Constitutional Quarterly
No abstract provided.