Open Access. Powered by Scholars. Published by Universities.®

Constitutional Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Supreme Court

Discipline
Institution
Publication Year
Publication
Publication Type

Articles 1171 - 1200 of 1493

Full-Text Articles in Constitutional Law

Self Incrimination Jan 1996

Self Incrimination

Touro Law Review

No abstract provided.


Separation Of Powers Jan 1996

Separation Of Powers

Touro Law Review

No abstract provided.


Separation Of Powers Jan 1996

Separation Of Powers

Touro Law Review

No abstract provided.


The Court And The Changing Constitution: A Discussion, Carl Sividorski, James Gardner, Barry Latzer, Peter Galie Jan 1996

The Court And The Changing Constitution: A Discussion, Carl Sividorski, James Gardner, Barry Latzer, Peter Galie

Touro Law Review

No abstract provided.


Term Limits On Original Intent--An Essay On Legal Debate And Historical Understanding, Polly J. Price Jan 1996

Term Limits On Original Intent--An Essay On Legal Debate And Historical Understanding, Polly J. Price

Faculty Articles

This Essay is divided into five Parts. Part I sets the stage for the historical debate by evaluating the text of the Qualifications Clauses as well as the limited evidence of what the Framers and the ratifiers thought about these provisions. Part II shows that many states, immediately after the federal Constitution was ratified, behaved as though the Qualifications Clauses did not prevent them from adding qualifications for congressional office-holding. Part III compares this early evidence of state behavior with a debate in Congress after the Civil War concerning the meaning of the Qualifications Clauses. Part IV returns to the …


Appropriations Jan 1996

Appropriations

Touro Law Review

No abstract provided.


Equal Protection Jan 1996

Equal Protection

Touro Law Review

No abstract provided.


Tragic Irony Of American Federalism: National Sovereignty Versus State Sovereignty In Slavery And In Freedom, The Federalism In The 21st Century: Historical Perspectives, Robert J. Kaczorowski Jan 1996

Tragic Irony Of American Federalism: National Sovereignty Versus State Sovereignty In Slavery And In Freedom, The Federalism In The 21st Century: Historical Perspectives, Robert J. Kaczorowski

Faculty Scholarship

A plurality on the Supreme Court seeks to establish a state-sovereignty based theory of federalism that imposes sharp limitations on Congress's legislative powers. Using history as authority, they admonish a return to the constitutional "first principles" of the Founders. These "first principles," in their view, attribute all governmental authority to "the consent of the people of each individual state, not the consent of the undifferentiated people of the Nation as a whole." Because the people of each state are the source of all governmental power, they maintain, "where the Constitution is silent about the exercise of a particular power-that is, …


Noam Chomsky And Judicial Review, James G. Wilson Jan 1996

Noam Chomsky And Judicial Review, James G. Wilson

Cleveland State Law Review

This Commentary will consider four authorities who are hardly considered standard-bearers of the Left: Aristotle, Edmund Burke, James Madison, and Justice Oliver Wendell Holmes. Insights from Aristotle, Burke, Madison, Holmes, and Chomsky will be combined into following set of propositions: (1) the Supreme Court has a constitutional and historical obligation to resist tyranny and other forms of constitutional perversion and factionalism; (2) the Supreme Court has a unique duty and capacity to combat abuses of private power; (3) private corporations and the well-to-do have gained so much power that they have become a dangerous faction that is turning our government …


Social Engineers With Jds, Gerard V. Bradley Jan 1996

Social Engineers With Jds, Gerard V. Bradley

Journal Articles

Stephen B. Presser: Recapturing the Constitution: Race, Religion, and Abortion Reconsidered. (Washington, DC: Regnery Publishing, 1994. Pp. xiv, 398. $24.95.)

With Recapturing the Constitution Steven Presser has launched a heat-seeking missile. It is, he confesses without contrition, "politically incorrect," "the same sort of exercise Allan Bloom was attempting in Closing of the American Mind" (pp. 12, 11). Presser aims to diagnose what ails our constitutional law as Bloom did our universities and culture. Presser argues that constitutional law is very sick indeed, and that it threatens to kill our body politic.


The New Activist Court, Donald H. Zeigler Jan 1996

The New Activist Court, Donald H. Zeigler

Articles & Chapters

No abstract provided.


The Rhetoric Of Disrespect: Uncovering The Faulty Premises Infecting Reproductive Rights, Elizabeth A. Riley Jan 1996

The Rhetoric Of Disrespect: Uncovering The Faulty Premises Infecting Reproductive Rights, Elizabeth A. Riley

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Original Intent And Article Iii, Michael L. Wells, Edward J. Larson Nov 1995

Original Intent And Article Iii, Michael L. Wells, Edward J. Larson

Scholarly Works

Article III of the United States Constitution sets limits on the ability of the legislature to expand or contract the jurisdiction of the federal courts. The Supreme Court has generally held that Article III's restraints on the power of the legislature to restrict the jurisdiction of the federal courts are few and extremely permissive. Many scholars, however, argue that Article III imposes some strong limitations on the legislature's ability to define federal jurisdiction. Strangely, both sides of the debate rely on originalist arguments. This Article argues that reliance on the Framers' intent to resolve issues of federal courts law is …


Is Moral Relativism A Constitutional Command?, Steven G. Gey Apr 1995

Is Moral Relativism A Constitutional Command?, Steven G. Gey

Indiana Law Journal

No abstract provided.


In Search Of The Post-Positivist Jury, Mark Cammack Apr 1995

In Search Of The Post-Positivist Jury, Mark Cammack

Indiana Law Journal

No abstract provided.


Civil Service Appointments And Promotions Jan 1995

Civil Service Appointments And Promotions

Touro Law Review

No abstract provided.


Due Process Jan 1995

Due Process

Touro Law Review

No abstract provided.


Due Process Jan 1995

Due Process

Touro Law Review

No abstract provided.


Due Process Jan 1995

Due Process

Touro Law Review

No abstract provided.


Due Process Jan 1995

Due Process

Touro Law Review

No abstract provided.


Equal Protection Jan 1995

Equal Protection

Touro Law Review

No abstract provided.


Equal Protection Jan 1995

Equal Protection

Touro Law Review

No abstract provided.


Equal Protection Jan 1995

Equal Protection

Touro Law Review

No abstract provided.


Equal Protection Jan 1995

Equal Protection

Touro Law Review

No abstract provided.


Freedom Of Speech And Press Jan 1995

Freedom Of Speech And Press

Touro Law Review

No abstract provided.


Ineffective Assistance Of Counsel Jan 1995

Ineffective Assistance Of Counsel

Touro Law Review

No abstract provided.


Local Finances Jan 1995

Local Finances

Touro Law Review

No abstract provided.


Public Relief Jan 1995

Public Relief

Touro Law Review

No abstract provided.


Right To Counsel Jan 1995

Right To Counsel

Touro Law Review

No abstract provided.


Right To Counsel Jan 1995

Right To Counsel

Touro Law Review

No abstract provided.