Constitutional Law Commons^™

Violating Due Process: The Case For Changing Texas State Trafficking Laws For Minors, Cristina M. Becker

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

A Justified Obligation: Counsel’S Duty To File A Requested Appeal In A Post-Waiver Situation, Lauren Gregorcyk

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Why Turner V. Rogers Was And Wasn’T Correctly Decided: How The Fourteenth Amendment Should Be Read For Child Support Contemnors, Gina Rose Lauterio

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Developments In The Law On Constitutional And Statutory Interpretation: Vellama D/O Marie Muthu V Ag [2012] Sghc 155; [2013] Sgca 39, Benjamin Joshua Ong

Research Collection Yong Pung How School Of Law

Following the expulsion of Mr Yaw Shin Leong, MP for Hougang Single MemberConstituency (SMC), from his party, the applicant in Vellama d/o Marie Muthu v AttorneyGeneral[2012] SGHC 155, [2012] 2 SLR 1033 (“Vellama (HC)”); [2013] SGCA 39 (“Vellama(CA)”), a resident of Hougang SMC, sought a declaration that the Prime Minister did nothave unfettered discretion in deciding whether and when to call a by-election to fill thevacant seat in Parliament, given that art 49(1) of the Constitution provides that “Wheneverthe seat of a Member, not being a non-constituency Member, has become vacant for anyreason other than a dissolution of Parliament, the …

The "Nixon Sabotage": The Political Origins Of The Equal Protection Challenge To The Voting Rights Act, Danieli Evans

Articles

Critics of the Voting Rights Act argue that the anti-discrimination law requires states to engage in unconstitutional discrimination, as state decisionmakers must be conscious of race in order to ensure that voting policies do not weaken minority representation. This argument relies on the idea that subjective racial motivation is the essence of unconstitutional discrimination (even if benevolent, or to promote racial inclusion). The conventional understanding among constitutional scholars is that this “search for the bigoted decisionmaker” developed in employment and housing discrimination decisions between 1976 and 1979. Previous accounts have not recognized the role that the 1971 school desegregation decision …

Not The Power To Destroy: An Effects Theory Of The Tax Power, Robert D. Cooter, Neil S. Siegel

Faculty Scholarship

The Supreme Court’s “new federalism” decisions impose modest limits on the regulatory authority of Congress under the Commerce Clause. According to those decisions, the Commerce Clause empowers Congress to use penalties to regulate interstate commerce, but not to regulate noncommercial conduct. What prevents Congress from penalizing non-commercial conduct by calling a penalty a tax and invoking the Taxing Clause? The only obstacle is the distinction between a penalty and a tax for purposes of Article I, Section 8. In National Federation of Independent Business v. Sebelius (NFIB), the Court considered whether the minimum coverage provision in the Patient Protection and …

An Analysis Of The Constitutional Court Ruling On The Annulment Of The Provisions On Coastal Water Concessions (Hp-3), M. Riza Damanik

Indonesia Law Review

After the annulment of the Coastal Water Concessions (HP-3) in 16 June 2011, traditional fisher folk organization leaders found a great fighting spirit to further follow-up the Constitutional Court Ruling to support their daily lives. For those who are being “evicted” from their living space (the coastal waters), they want to reclaim their rights through constitutional ways. Likewise, those who (feel to) have lost their existence as Indonesian traditional fisher folk are impatient to find out whether there is a breakthrough in the Constitutional Court Ruling that can restore the fisher folk’s family way of life. The ruling itself was …

August 29, 2013: No New Year For Secularists, Bruce Ledewitz

Hallowed Secularism

Blog post, “No New Year for Secularists“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Union And States’ Rights: A History And Interpretation Of Interposition, Nullification, And Secession 150 Years After Sumter, Neil H. Cogan

University of Akron Press Publications

Edited by Neil H. Cogan, who is a well-versed legal scholar of constitutional law, civil rights, and civil and criminal procedures, this volume is a collection of papers on a central issue of governance in the United States; namely, what is the power of the States to object to and cancel Federal law with which they disagree. For eighty-one years, from the ratification of the Constitution to the end of the Civil War, this issue of State power was the central issue of governance. Chapters address the history and legal arguments for three assertions of such State power: interposition, nullification, …

August 24, 2013: Charles Krauthammer Loses His Way, Bruce Ledewitz

Hallowed Secularism

Blog post, “Charles Krauthammer Loses His Way“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

The Dog Days Of Fourth Amendment Jurisprudence, Kit Kinports

NULR Online

No abstract provided.

August 21, 2013: The Question Of God Against The Background Of Secularization, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Question of God Against the Background of Secularization“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

August 19, 2013: If Materialism Goes, What Goes With It?, Bruce Ledewitz

Hallowed Secularism

Blog post, “If Materialism Goes, What Goes With It?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

August 15, 2013: The Feast Of The Assumption And The Disaster In Egypt, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Feast of the Assumption and the Disaster in Egypt“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

August 11, 2013: Reza Aslan Speaks To The Commonwealth Club, Bruce Ledewitz

Hallowed Secularism

Blog post, “Reza Aslan Speaks to the Commonwealth Club“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

August 9, 2013: The Christian Case Against Gay Marriage, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Christian Case Against Gay Marriage“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

August 4, 2013: Hannah Arendt And The Banality Of Evil, Bruce Ledewitz

Hallowed Secularism

Blog post, “ Hannah Arendt and the Banality of Evil“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

August 1, 2013: A Theology "As If", Bruce Ledewitz

Hallowed Secularism

Blog post, “A Theology "As If"“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Extraterritoriality And The Dormant Commerce Clause: A Doctrinal Post-Mortem, Brannon P. Denning

Louisiana Law Review

The article offers information related to the dormant Commerce Clause doctrine (DCCD), a legal doctrine that courts in the U.S. have inferred from the commerce clause related to the prohibition of the extraterritorial state legislation. It mentions that the clause expressly grants congress the power to regulate commerce among the several states.

The Role Of The Federal Judge In The Constitutional Structure: An Originalist Perspective, Diarmuid F. O'Scannlain

San Diego Law Review

Join me now in examining some of the structural features of our Constitution. And let’s do so by focusing upon cases that have come before my court—the United States Court of Appeals for the Ninth Circuit, the second highest federal court in the land, inferior only to the Supreme Court of the United States. My goal is to present, in modest outline, an originalist perspective on the federal judge’s role, particularly my role as a circuit judge, in the constitutional order.

Finding A Positive Right To Healthcare, Nicole Huberfeld

Law Faculty Popular Media

In this blog post, Professor Nicole Huberfeld provides a review of Edward Rubin's article The Affordable Care Act, The Constitutional Meaning of Statutes, and the Emerging Doctrine of Positive Constitutional Rights, 53 Wm. & Mary L. Rev. 1639 (2012).

The Definite Article: The D.C. Circuit's Redefinition Of Recess Appointments, Jeff Vandam

NULR Online

No abstract provided.

July 28, 2013: Pro-Life Liberalism, Bruce Ledewitz

Hallowed Secularism

Blog post, “Pro-Life Liberalism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

A Response To Steve Vladeck And Kevin Jon Heller, Peter Margulies

Law Faculty Scholarship

No abstract provided.

The Normative & Historical Cases For Proportional Deportation, Angela M. Banks

Faculty Publications

Is citizenship status a legitimate basis for allocating rights in the United States?

In immigration law the right to remain in the United States is significantly tied to citizenship status. Citizens have an absolutely secure right to remain in the United States regardless of their actions. Noncitizens’ right to remain is less secure because they can be deported if convicted of specific criminal offenses. This Article contends that citizenship is not a legitimate basis for allocating the right to remain. This Article offers normative and historical arguments for a right to remain for noncitizens. This right should be granted to …

July 15, 2013: Taking A Temporary Break From The Hallowed Secularism Blog, Bruce Ledewitz

Hallowed Secularism

Blog post, “Taking a Temporary Break From the Hallowed Secularism Blog“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Symposium: The Challengingly Uncategorizable Recess Appointments Clause, Michael Herz

Online Publications

I fear that I am participating in this discussion under false pretenses, because I have no idea how the Court will decide National Labor Relations Board v. Noel Canning. And the reasons go far beyond the fact that this is a case of first impression or the possibility that the whole thing is a nonjusticiable political question. I am not going to review the substantive arguments for and against the D.C. Circuit’s ruling. Instead, I will touch on some other aspects of the recess appointments issue that make it a particularly hard one to guess about.

July 14, 2013: Political Grandstanding On Gay Marriage, Bruce Ledewitz

Hallowed Secularism

Blog post, “Political Grandstanding on Gay Marriage“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

July 11, 2013: Should We Discard The Constitution?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Should We Discard the Constitution?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Survey Of Washington Search And Seizure Law: 2013 Update, Justice Charles W. Johnson, Justice Debra L. Stephens

Seattle University Law Review

This survey is intended to serve as a resource to which Washington lawyers, judges, law enforcement officers, and others can turn as an authoritative starting point for researching Washington search and seizure law. In order to be useful as a research tool, this Survey requires periodic updates to address new cases interpreting the Washington constitution and the U.S. Constitution and to reflect the current state of the law. Many of these cases involve the Washington State Supreme Court’s interpretation of the Washington constitution. Also, as the U.S. Supreme Court has continued to examine Fourth Amendment search and seizure jurisprudence, its …