Constitutional Law Commons^™

January 2, 2017: This Is What Happens When You Vote Republican, Bruce Ledewitz

Hallowed Secularism

Blog post, “This is What Happens When You Vote Republican“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

The Threat Of Independent Political Spending To Democratic Life—And A Plan To Stop It, Bruce Ledewitz

Ledewitz Papers

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

The Five Days In June When Values Died In American Law, Bruce Ledewitz

Ledewitz Papers

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

Liberal, Conservative, And Political: The Supreme Court's Impact On The American Family In The Uber-Partisan Era, Marsha B. Freeman

Faculty Scholarship

No abstract provided.

Political Dysfunction And The Election Of Donald Trump: Problems Of The U.S. Constitution's Presidency, David Orentlicher

Scholarly Works

In this article, Professor Orentlicher examines the Constitution's design for the executive branch. He argues that by opting for a single executive rather than a multi-person executive, the Constitution causes two serious problems-it fuels the high levels of partisan polarization that we see today, and it increases the likelihood of misguided presidential decision making. Drawing on the experience in other countries with executive power shared by multiple officials, he proposes a bipartisan executive.

Politics At Work After Citizens United, Ruben J. Garcia

Loyola of Los Angeles Law Review

There are seismic changes going on in the political system. The United States Supreme Court has constitutionalized the concentration of political power in the “one percent” in several recent decisions, including Citizens United v. FEC. At the same time, unions are representing a shrinking share of the workforce, and their political power is also being diminished. In order for unions to recalibrate the balance of political power at all, they must collaborate with grassroots community groups, as they have done in several recent campaigns. There are, however, various legal structures that make coordination between unions and nonunion groups difficult, …

Separations Of Wealth: Inequality And The Erosion Of Checks And Balances, Kate Andrias

Articles

American government is dysfunctional: Gridlock, filibusters, and expanding presidential power, everyone seems to agree, threaten our basic system of constitutional governance. Who, or what, is to blame? In the standard account, the fault lies with the increasing polarization of our political parties. That standard story, however, ignores an important culprit: Concentrated wealth and its organization to achieve political ends. The only way to understand our current constitutional predicament—and to rectify it—is to pay more attention to the role that organized wealth plays in our system of checks and balances. This Article shows that the increasing concentration of wealth and political …

Evolution Of A Nation After A Dictatorship: How Law, Politics And Society Of The 1973 Dictatorship In Uruguay And Of The Subsequent Return Of Democracy In 1985, Potentially Helped Evolve The Nation Of Today., Jonathan A. Fein Proaño

Master's Theses

In 1973, Uruguay’s president authored a coup d’état with the military and changed the history and fabric of Uruguay. Once democracy returned to Uruguay in 1985, it was a chance to see if an evolution of the law, politics and society would occur. This thesis aims to analyze and understand the patterns of change and de-evolution or evolution that happened during the dictatorship and then over the last 30 years. I break down the process of changes that happened legally and politically, how the dictatorship and its leaders used law to destroy rule of law, and how society changed.

This …

December 17, 2015: Underlying Consensus?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Underlying Consensus?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Constitutionalizing Fetal Rights: A Salutary Tale From Ireland, Fiona De Londras

Michigan Journal of Gender & Law

In 1983, Ireland became the first country in the world to constitutionalize fetal rights. The 8th Amendment to the Constitution, passed by a referendum of the People, resulted in constitutional protection for “the right to life of the unborn,” which was deemed “equal” to the right to life of the “mother.” Since then, enshrining fetal rights in constitutions and in legislation has emerged as a key part of anti-abortion campaigning. This Article traces the constitutionalization of fetal rights in Ireland and its implications for law, politics, and women. In so doing, it provides a salutary tale of such an approach. …

November 24, 2015: I Guess Trump Really Could Win The Republican Nomination, Bruce Ledewitz

Hallowed Secularism

Blog post, “I Guess Trump Really Could Win the Republican Nomination“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

November 15, 2015: None, Bruce Ledewitz

Hallowed Secularism

Blog post, “None“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Law, Religion, And Politics: Understanding The Separation Of Church And State, Richard Garnett

Faculty Workshops

Professor Richard Garnett, of University of Notre Dame Law School, presented on the topic Law, Religion, and Politics: Understanding the Separation of Church and State. This workshop was presented as part of the Hesburgh Lecture Series through the Alumni & Friends of University of Notre Dame and was co-sponsored by the Notre Dame Alumni Club of Miami. This workshop examined how to understand the Constitution's "separation of church and state" and what it requires of religious believers and institutions.

November 8, 2015: What Is Wrong With Whites?, Bruce Ledewitz

Hallowed Secularism

Blog post, “What is Wrong with Whites?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

October 29, 2015: So, It's Not Going To Be Trump (Or Carson), Bruce Ledewitz

Hallowed Secularism

Blog post, “So, It's Not Going to be Trump (or Carson)“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

October 15, 2015: The Difficulty Of Reining In Money, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Difficulty of Reining in Money“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

October 11, 2015: Liberals Fooling Themselves About Political Money, Bruce Ledewitz

Hallowed Secularism

Blog post, “Liberals Fooling Themselves About Political Money“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

October 3, 2015: Is Litigation The Way To Stop Global Warming?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Is Litigation the Way to Stop Global Warming?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Canadian Constitutional Identities, Eric M. Adams

Dalhousie Law Journal

Constitutions are stories nations tell about themselves. Despite the famous declaration in the Constitution Act, 1867 that the "Provinces ofCanada...Desire...a Constitution similar in Principle to that of the United Kingdom," most of Canada's constitutional history can be understood as the search for a distinctly Canadian constitutional identity Canadians have always looked to their constitutional instruments to both reflect and produce a particular vision of the nation and its citizens. This article focuses on the search for Canada s constitutional identity during its first century as a nation, from Confederation until the 1960s. Drawing on a varied array of sources and …

A Corporation Has No Soul, And Doesn't Go To Church: Relating The Doctrine Or Piercing The Veil To Burwell V. Hobby Lobby, Carol Goforth

South Carolina Law Review

No abstract provided.

September 12, 2015: The Iranian Deal “Passes”, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Iranian Deal “Passes”“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

September 6, 2015: Kim Davis Is No Religious Martyr, No Prisoner Of Conscience, Bruce Ledewitz

Hallowed Secularism

Blog post, “ Kim Davis is No Religious Martyr, No Prisoner of Conscience“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

August 26, 2015: Introducing Constitutional Law In The Midst Of The Plight, Bruce Ledewitz

Hallowed Secularism

Blog post, “Introducing Constitutional Law in the Midst of the Plight“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

August 19, 2015: “The Money Seems To Have Lost Its Knack For Hoodwinking The Voters.”, Bruce Ledewitz

Hallowed Secularism

Blog post, ““The money seems to have lost its knack for hoodwinking the voters.”“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

July 21, 2015: A Great President, Bruce Ledewitz

Hallowed Secularism

Blog post, “A Great President“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

June 27, 2015: The Supreme Court's Week, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Supreme Court's Week“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

June 20, 2015: The Democrats Are Wrong On Trade, Bruce Ledewitz

Hallowed Secularism

Blog post, “ The Democrats Are Wrong on Trade“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

May 30, 2015: Krugman On The Economics Of The Average American, Bruce Ledewitz

Hallowed Secularism

Blog post, “ Krugman on the Economics of the Average American“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

May 18, 2015: Where Is The Democratic Party Leadership On Trade?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Where Is the Democratic Party Leadership on Trade?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

May 10, 2015: Two Odd Things About The Shootings At The Cartoon Contest Last Week, Bruce Ledewitz

Hallowed Secularism

Blog post, “Two Odd Things about the Shootings at the Cartoon Contest Last Week“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.