Constitutional Law Commons^™

February 26, 2011: The Power Of The President Not To Defend The Law, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Power of the President Not to Defend the Law“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

February 17, 2011: Shari’Ah And Constitutionalism, Bruce Ledewitz

Hallowed Secularism

Blog post, “Shari’ah and Constitutionalism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

February 9, 2011: What Does It Mean To Ban State Courts Use Of Sharia Or Other Foreign Law?, Bruce Ledewitz

Hallowed Secularism

Blog post, “What Does it Mean to Ban State Courts Use of Sharia or Other Foreign Law?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

February 2, 2011: How Is Religion Special?, Bruce Ledewitz

Hallowed Secularism

Blog post, “How is Religion Special?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

The Incredible Shrinking Free Exercise Clause, Bruce Ledewitz

Ledewitz Papers

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

January 6, 2011: So Why Isn’T The Food Bill Unconstitutional?, Bruce Ledewitz

Hallowed Secularism

Blog post, “So Why Isn’t the Food Bill Unconstitutional?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

January 3, 2011: The Incredible Shrinking Free Exercise Clause, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Incredible Shrinking Free Exercise Clause“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

An Essay Concerning Judicial Resignation And Non-Cooperation In The Presence Of Evil, Bruce Ledewitz

Ledewitz Papers

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

The U.S. Supreme Court Gets It Right In Arizona V. Gant: Justifications For Rules Protect Constitutional Rights, Shenequa L. Grey

St. Thomas Law Review

The purpose of this article is to demonstrate how the justifications or rationales for legal principles form the basis for compliance with the Fourth Amendment of the United States Constitution; and that therefore, failure to comply with those justifications leads to unconstitutional searches and seizures. Strict compliance with the underlying justifications prevents the courts from circumventing the Constitution by establishing a rule, then expanding it beyond its intended purpose. This article demonstrates and reiterates that compliance with the underlying justifications for establishing rules is essential to protecting individual constitutional rights. In addressing these issues, Part I of this article gives …

Passive-Voice References In Statutory Interpretation, Anita S. Krishnakumar

Faculty Publications

The Supreme Court regularly references grammar rules when interpreting statutory language. And yet grammar references play a peculiar role in the Court's statutory cases—often lurking in the background and performing corroborative work to support a construction arrived at primarily through other interpretive tools. The inevitable legisprudential question triggered by such references is, why does the Court bother? If grammar rules provide merely a second, third, or fourth justification for an interpretation reached through other interpretive canons, then what does the Court gain—or think it gains—by including such rules in its statutory analysis?

This essay examines these questions through the lens …

Religious Legal Theory Symposium: Introduction, Mark L. Movsesian

Faculty Publications

On November 5, 2010, the St. John's Center for Law and Religion proudly hosted the annual Religious Legal Theory Conference. The event, now in its second year and to be shared among different universities, brought together scholars from around the world to discuss this year's theme, "Religion in Law, Law in Religion." The Center chose this theme in order to include papers on traditional church-state issues—“Religion in Law"—as well as papers addressing the role that law plays in various religious traditions—“Law in Religion." In addition, because contemporary law and religion scholarship has moved beyond strictly domestic-law questions, and takes an …

Failed Constitutional Metaphors: The Wall Of Separation And The Penumbra, Louis J. Sirico Jr.

University of Richmond Law Review

No abstract provided.

Rule-Making And The American Constitution, Peter L. Strauss

Faculty Scholarship

This chapter leaves behind the standard accounts of federal agencies to examine the role of the presidency in fashioning regulatory outputs. It recounts — and with reference to American ‘checks and balances’ ideas — a steady accretion of power at the centre, the result of which has been to render rulemaking increasingly a political rather than ‘expert’ activity. Whether the process is reversible, or whether ongoing crises in finance and security will serve to concretize this profound constitutional development, remains to be seen.

December 23, 2010: The Repeal Of Don’T Ask Don’T Tell, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Repeal of Don’t Ask Don’t Tell“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

December 14, 2010: A Fundamental Rights Decision Masquerading As A Commerce Decision, Bruce Ledewitz

Hallowed Secularism

Blog post, “A Fundamental Rights Decision Masquerading as a Commerce Decision“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

December 8, 2010: Uphold Proposition 8, Bruce Ledewitz

Hallowed Secularism

Blog post, “Uphold Proposition 8“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

December 5, 2010: Seeking Common Ground: A Secular Statement, Bruce Ledewitz

Hallowed Secularism

Blog post, “Seeking Common Ground: A Secular Statement“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

November 7, 2010: How To Fix The Establishment Clause, Bruce Ledewitz

Hallowed Secularism

Blog post, “How to Fix the Establishment Clause“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

October 25, 2010: Why Are The Democrats Doing So Badly?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Why Are the Democrats Doing So Badly?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

October 17, 2010: Woody Allen’S Hell, Bruce Ledewitz

Hallowed Secularism

Blog post, “Woody Allen’s Hell“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

October 14, 2010: Why Is Snyder V. Westboro Baptist Church A Free Speech Case?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Why is Snyder v. Westboro Baptist Church a free speech case?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

July 8, 2010: Seeking “Common Ground”: A Secular Statement, Bruce Ledewitz

Hallowed Secularism

Blog post, “Seeking “Common Ground”: A Secular Statement“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

July 4, 2010: Happy Fourth Of July, Bruce Ledewitz

Hallowed Secularism

Blog post, “Happy Fourth of July“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

July 1, 2010: Justice Antonin Scalia Is Responsible For The Christian Legal Society Case, Bruce Ledewitz

Hallowed Secularism

Blog post, “Justice Antonin Scalia is Responsible for the Christian Legal Society Case“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

June 27, 2010: The Fight Over Jesus’ Name, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Fight Over Jesus’ Name“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

June 24, 2010: Publicity Description Of Higher Law In The Public Square, Bruce Ledewitz

Hallowed Secularism

Blog post, “Publicity Description of Higher Law in the Public Square“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

June 17, 2010: Do Christian Groups Have The Right To Hire Only Christians?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Do Christian Groups Have the Right to Hire Only Christians?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

June 14, 2010: Is President Obama Committing Treason?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Is President Obama Committing Treason?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

June 3, 2010: American Religious Democracy, Bruce Ledewitz

Hallowed Secularism

Blog post, “American Religious Democracy“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

May 14, 2010: Why Am I Being Told That Elena Kagan’S Sexual Orientation Is Irrelevant?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Why Am I Being Told That Elena Kagan’s Sexual Orientation is Irrelevant?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.