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Articles 1351 - 1380 of 1734
Full-Text Articles in Constitutional Law
Reed Dickerson’S Originalism — What It Contributes To Contemporary Constitutional Debate, Thomas B. Mcaffee
Reed Dickerson’S Originalism — What It Contributes To Contemporary Constitutional Debate, Thomas B. Mcaffee
Scholarly Works
In this article the author offers his personal gratitude for the work of Reed Dickerson, along with some thoughts on his important contributions to our understanding of the interpretive process. As a young scholar in need of help in grappling with the continuing debate over constitutional interpretation, the author turned, at the suggestion of colleagues, to Reed Dickerson’s impressive book on statutory interpretation. The hours spent attempting to ingest Reed’s thoughtful work were amply rewarded, and the author took the occasion of publishing an article on the original intent debate to refer in an initial footnote to his intellectual debt …
Prolegomena To A Meaningful Debate Of The “Unwritten Constitution” Thesis, Thomas B. Mcaffee
Prolegomena To A Meaningful Debate Of The “Unwritten Constitution” Thesis, Thomas B. Mcaffee
Scholarly Works
Seventeen years ago Professor Grey launched the modern debate over the idea of an unwritten Constitution by suggesting that the key to defending modern fundamental rights decision-making might be to rediscover the founding generation's commitment to natural law and unwritten sources of basic rights. Some modern Supreme Court decisions, Grey suggested, might be better justified by reliance upon the methodology suggested by Justice Chase's famous opinion in Calder v. Bull than by looking to the justification for judicial review offered by Chief Justice Marshall in Marbury v. Madison. Grey's arguments for the unwritten Constitution idea has struck a chord …
The Bill Of Rights, Social Contract Theory, And The Rights “Retained” By The People, Thomas B. Mcaffee
The Bill Of Rights, Social Contract Theory, And The Rights “Retained” By The People, Thomas B. Mcaffee
Scholarly Works
The Ninth Amendment provides that “[t]he enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” There is no question that this Amendment was designed as a savings clause, to ensure that the specification of particular rights would not raise an inference that the Bill of Rights exhausted the rights which the people held as against the newly-created national government. But there is an ongoing debate as to nature of these additional rights retained by the people and as to the sort of claim they might support against the exercise …
The Sleeper Wakes: The History And Legacy Of The Twenty-Seventh Amendment, Richard B. Bernstein
The Sleeper Wakes: The History And Legacy Of The Twenty-Seventh Amendment, Richard B. Bernstein
Articles & Chapters
No provision of the United States Constitution has a more drawn-out, tortured history than the Twenty-seventh Amendment, which was ratified more than two centuries after Representative James Madison introduced it in the First Congress.
In this Article, Professor Bernstein traces the Amendment's origins to the legislative political culture of the late eighteenth century, as influenced by the controversy over ratifying the Constitution. He then examines the perennial controversies over congressional compensation in American history, elucidating how in the 1980s and 1990s public anger at Congress reached critical mcm sufficient to propel the 1789 compensation amendment into the Constitution. Finally, this …
Reconstructing Liberty, Robin West
Reconstructing Liberty, Robin West
Georgetown Law Faculty Publications and Other Works
It is commonly and rightly understood in this country that our constitutional system ensures, or seeks to ensure, that individuals are accorded the greatest degree of personal, political, social, and economic liberty possible, consistent with a like amount of liberty given to others, the duty and right of the community to establish the conditions for a moral and secure collective life, and the responsibility of the state to provide for the common defense of the community against outside aggression. Our distinctive cultural and constitutional commitment to individual liberty places very real restraints on what our elected representatives can do, even …
Constitutional Theory Beyond Left And Right, Gerard V. Bradley
Constitutional Theory Beyond Left And Right, Gerard V. Bradley
Journal Articles
Hadley Arkes: Beyond the Constitution. (Princeton: Princeton University Press, 1990. Pp. 288. $24.95.)
Hadley Arkes's latest book is Beyond the Constitution and it is virtually a tour de force. Author of The Philosopher in The City and First Things, in the new work Arkes persuasively criticizes both liberal and conservative constitutionalism as well as their common legal theoretical base, displaying all the while the philosophical astuteness and elegant prose his prior work has accustomed readers to expect. Anyone remotely interested in constitutional law should read this book.
Discovering Our Connections: Race And Gender In The Law Symposium Keynote Address, Margaret Walker Alexander
Discovering Our Connections: Race And Gender In The Law Symposium Keynote Address, Margaret Walker Alexander
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Abstract Democracy: A Review Of Ackerman's We The People, Terrance Sandalow
Abstract Democracy: A Review Of Ackerman's We The People, Terrance Sandalow
Reviews
We the People: Foundations is an ambitious book, the first of three volumes in which Professor Ackerman proposes to recast conventional understanding of and contemporary debate about American constitutional law. Unfortunately, the book's rhetoricinflated, self-important, and self-congratulatory-impedes the effort to come to terms with its argument. How, for example, does one respond to a book that opens by asking whether the reader will have "the strength" to accept its thesis? Or that announces the author's intention of "engaging" two of the most influential works of intellectual history of the past several decades-and then discusses one in two and one-half pages …
The Supreme Court And The Bill Of Rights, Robert A. Sedler
The Supreme Court And The Bill Of Rights, Robert A. Sedler
Law Faculty Research Publications
No abstract provided.
Original Intent And Boris Bittker, Raoul Berger
Original Intent And Boris Bittker, Raoul Berger
Indiana Law Journal
No abstract provided.
Observations On Raoul Berger's "Original Intent And Boris Bittker", Boris I. Bittker
Observations On Raoul Berger's "Original Intent And Boris Bittker", Boris I. Bittker
Indiana Law Journal
No abstract provided.
Modern Confession Law After Duckworth V. Eagan: What's The Use Of Explaining?, Julia C. Weissman
Modern Confession Law After Duckworth V. Eagan: What's The Use Of Explaining?, Julia C. Weissman
Indiana Law Journal
No abstract provided.
"The Right To Bear Arms": Two Views, Lee Fisher, David C. Tryon
"The Right To Bear Arms": Two Views, Lee Fisher, David C. Tryon
Law Faculty Articles and Essays
The authors provide varying opinions on the Second Amendment.
Foreign Affairs Law And Democracy, Phillip R. Trimble
Foreign Affairs Law And Democracy, Phillip R. Trimble
Michigan Law Review
A Review of Constitutionalism, Democracy, and Foreign Affairs by Louis Henkin
Beyond The Constitution, Christopher J. Peters
Beyond The Constitution, Christopher J. Peters
Michigan Law Review
A Review of Beyond the Constitution by Hadley Arkes
The Law's Conscience: Equitable Constitutionalism In America, Neil A. Riemann
The Law's Conscience: Equitable Constitutionalism In America, Neil A. Riemann
Michigan Law Review
A Review of The Law's Conscience: Equitable Constitutionalism in America by Peter Charles Hoffer