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Constitutional Law Commons

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Articles 1 - 30 of 445

Full-Text Articles in Constitutional Law

Law School News: Roger Williams University Marks Fred Korematsu Day With Reflection On Rights And Responsibility 02-02-2026, Kelly Brinza, Roger Williams University School Of Law Feb 2026

Law School News: Roger Williams University Marks Fred Korematsu Day With Reflection On Rights And Responsibility 02-02-2026, Kelly Brinza, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Law School News: Is It Legal For Trump To Send Troops Into U.S. Cities? 10-9-2025, Edward Fitzpatrick Oct 2025

Law School News: Is It Legal For Trump To Send Troops Into U.S. Cities? 10-9-2025, Edward Fitzpatrick

Life of the Law School (1993- )

No abstract provided.


Exploring Statehood Through The Lens Of Palestine And Puerto Rico, Gabriela G. Ibáñez Apr 2025

Exploring Statehood Through The Lens Of Palestine And Puerto Rico, Gabriela G. Ibáñez

University of Miami International and Comparative Law Review

No abstract provided.


The Wrongly Read Right: Insurrection And The Second Amendment Right To Bear Arms, Aman Mcleod, Jacob M. Jones Apr 2025

The Wrongly Read Right: Insurrection And The Second Amendment Right To Bear Arms, Aman Mcleod, Jacob M. Jones

Dickinson Law Review (2017-Present)

Several judges and scholars have interpreted the Second Amendment as creating a right to bear arms to facilitate armed resistance against the government whenever it threatens to impose tyranny. These arguments have been made in books, scholarly articles, and court decisions. Many of the proponents of the pro-armed insurrection interpretation of the Second Amendment root this point of view in the history of the right to bear arms in the Anglo-American legal tradition. This Article argues that the Second Amendment does not create a right to bear arms to resist government authority because such a right is inconsistent with several …


Dangerous And Unusual: How Heller’S Ahistorical Assumption Violates The Founders’ Original Intent, Oliver Krawczyk, Gilbert Ambler Apr 2025

Dangerous And Unusual: How Heller’S Ahistorical Assumption Violates The Founders’ Original Intent, Oliver Krawczyk, Gilbert Ambler

Dickinson Law Review (2017-Present)

When the U.S. Supreme Court ended its generational silence on the Second Amendment in District of Columbia v. Heller, the Court held that “a prohibition of an entire class of ‘arms’ that is overwhelmingly chosen by American society” is “invalid.” In so holding, the Court suggested that the Constitution protects only those weapons “in common use at the time,” a limitation thought to be “fairly supported by the historical tradition of prohibiting the carrying of ‘dangerous and unusual weapons.’” The Court defined none of these terms then, and it has not since.

Over a decade of constitutional infidelity ensued. …


A Loss For Public Participation, Jeffrey Lubbers Mar 2025

A Loss For Public Participation, Jeffrey Lubbers

Popular Media

Overshadowed in the blitzkrieg of orders and actions of the Trump Administration that are seemingly intended to assert complete presidential control over the executive branch was a recent rule issued by the U.S. Department of Health and Human Services (HHS) on March 3, 2025, signed by new Secretary Robert F. Kennedy, Jr.


On Constitutional Crises, Donald Roth Feb 2025

On Constitutional Crises, Donald Roth

Faculty Work Comprehensive List

"Our government becomes stronger for the challenges that it overcomes, as the interplay of the branches gets better defined."

Posting about ­­­­­­­­the nature of American government from In All Things, an online hub that offers insight into maintaining and faithful and orthodox Reformed Christian worldview while fearlessly engaging in every aspect of contemporary life – until all is made new.

On Constitutional Crises


The Sword, The Purse, And The Pen: The Constitutional Conundrum Of Impoundment, William N. Chance Jan 2025

The Sword, The Purse, And The Pen: The Constitutional Conundrum Of Impoundment, William N. Chance

CMC Senior Theses

This Thesis explores the constitutional conundrum of executive impoundment, the practice by which the President of the United States withholds or delays the expenditure of funds appropriated by Congress. Although impoundment has deep historical roots dating back to the Constitution’s Framers, its modern use raises profound questions regarding our separation of powers. This Thesis establishes a functional framework that distinguishes between “routine” impoundments, which promote administrative efficiency, and “policy” impoundments, which may undermine congressional intent. Furthermore, after tracing the development of impoundment from the early Republic through the Nixon Administration and the passage of the Impoundment Control Act of 1974, …


Citizenship, Constitutionalism And Democracy, Daniel Fodorean Apr 2024

Citizenship, Constitutionalism And Democracy, Daniel Fodorean

Helm's School of Government Conference - 2021-2024

Romania, a former communist and monarchical country, can serve as a case study regarding how different forms of government have influenced the understanding and application of citizenship. How the citizen was understood and how citizenship was acquired or lost reflects the values that have been the basis of Romanian society at every stage of its evolution since the establishment of the Romanian state, in 1859, until now. The assumption is that each of the seven constitutions that Romania had, expresses citizenship in a specific way, associated with the form of government.


No Balancing For Anti-Constitutional Government Conduct, Bruce Ledewitz Jan 2024

No Balancing For Anti-Constitutional Government Conduct, Bruce Ledewitz

Ledewitz Papers

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


1983, Brandon Hasbrouck Jan 2024

1983, Brandon Hasbrouck

Scholarly Articles

This Piece embraces a fictional narrative to illustrate deep flaws in our legal system. It borrows its basic structure and a few choice lines from George Orwell’s classic novel Nineteen Eighty-Four. Like Orwell’s novel, it is set in the not-too-distant future to comment on problems already emerging in the present. The footnotes largely provide examples of some of those problems and how courts have treated them in a constitutional law context. The title (itself quite close to Orwell’s own title) is a reference to our chief civil rights statute, while the story deals with a critical threat to that …


Law School News: A More Perfect Union Through A Diverse Judiciary 08-07-2023, Gregory W. Bowman Aug 2023

Law School News: A More Perfect Union Through A Diverse Judiciary 08-07-2023, Gregory W. Bowman

Life of the Law School (1993- )

No abstract provided.


Commentary: Further Prosecutions Over The 2020 Election Are Not Justified, Bruce Ledewitz Aug 2023

Commentary: Further Prosecutions Over The 2020 Election Are Not Justified, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


Did The Biden Administration Violate The First Amendment?, Bruce Ledewitz Jul 2023

Did The Biden Administration Violate The First Amendment?, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


Today’S Supreme Court: ‘Not A Normal Court,’ But Not Unprecedented Either, Bruce Ledewitz Jul 2023

Today’S Supreme Court: ‘Not A Normal Court,’ But Not Unprecedented Either, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


Pardon Me? Why Biden Should Pull A Gerald Ford When It Comes To Trump, Bruce Ledewitz Jun 2023

Pardon Me? Why Biden Should Pull A Gerald Ford When It Comes To Trump, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


Six Lessons From The Debt Deal. What Did We Learn?, Bruce Ledewitz Jun 2023

Six Lessons From The Debt Deal. What Did We Learn?, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


The Durham Report Shows Why We Don’T Want The Fbi Involved In Politics, Bruce Ledewitz Jun 2023

The Durham Report Shows Why We Don’T Want The Fbi Involved In Politics, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


If The Gop Won’T Do It, Democrats Will Have To Block Trump’S Nomination For Them, Bruce Ledewitz May 2023

If The Gop Won’T Do It, Democrats Will Have To Block Trump’S Nomination For Them, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


Removing A Log From The Nation’S Eye: A National Self-Analysis Of The Domestic Terrorism Question, Katherine R. Doan May 2023

Removing A Log From The Nation’S Eye: A National Self-Analysis Of The Domestic Terrorism Question, Katherine R. Doan

Helm's School of Government Conference - 2021-2024

Terroristic values are easy to be ascribed to foreign enemies, but it is far more difficult to admit that domestic citizens could be extremist to the point of being labeled a terrorist. Terrorists are not born; they are made. The following research focuses on the commonalities of upbringing in known domestic terrorists within the United States of America that may reveal noticeable similarities in education, radicalization, and identity. The criminal justice system has yet to discover a perfect method of administering retribution to terrorists. While they have broken the law, their intentions and results are not the same as an …


The Pgh Synagogue Shooting Case Should’Ve Been Heard In Pa. Court, Bruce Ledewitz May 2023

The Pgh Synagogue Shooting Case Should’Ve Been Heard In Pa. Court, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


The Views Aired At Pitt Debate Were Ugly. It Was Still Right To Let It Happen, Bruce Ledewitz Apr 2023

The Views Aired At Pitt Debate Were Ugly. It Was Still Right To Let It Happen, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


The Theological Error Behind Post-Liberalism’S Bid For Political Power, Bruce Ledewitz Apr 2023

The Theological Error Behind Post-Liberalism’S Bid For Political Power, Bruce Ledewitz

Ledewitz Papers

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


With Pa’S Highest Court Depleted, Shapiro, Gop Senate Leaders Let Voters Down, Bruce Ledewitz Apr 2023

With Pa’S Highest Court Depleted, Shapiro, Gop Senate Leaders Let Voters Down, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


What Bad Decisions By Ron Desantis And Gavin Newsom Have In Common, Bruce Ledewitz Mar 2023

What Bad Decisions By Ron Desantis And Gavin Newsom Have In Common, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


The Panama Canal Treaties Were Carter’S Biggest Foreign Policy Win, Bruce Ledewitz Mar 2023

The Panama Canal Treaties Were Carter’S Biggest Foreign Policy Win, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


What Both Sides Of The Abortion Fight Can Learn From Antonin Scalia, Bruce Ledewitz Feb 2023

What Both Sides Of The Abortion Fight Can Learn From Antonin Scalia, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


Why I Am No Longer A Jew, Bruce Ledewitz Feb 2023

Why I Am No Longer A Jew, Bruce Ledewitz

Ledewitz Papers

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


By Any Measure, Liberal Democracy Is Superior. Here’S Why, Bruce Ledewitz Feb 2023

By Any Measure, Liberal Democracy Is Superior. Here’S Why, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


If I Were A Betting Man: Some Predictions For The Year We Have Left, Bruce Ledewitz Jan 2023

If I Were A Betting Man: Some Predictions For The Year We Have Left, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.