Rule of Law Commons^™

Constitutional Law - Courts-Martial - Power Of Congress To Provide For Military Jurisdiction Over Civilian Dependents, Gerald M. Smith

Michigan Law Review

Defendants, civilian wives of servicemen living overseas, were tried and convicted of murder by military court-martial under article 118 of the Uniform Code of Military Justice. Their trials took place in the countries where they were living with their husbands. Defendants brought petitions for a writ of habeas corpus challenging the constitutionality of article 2(11) of the Uniform Code authorizing their trials by court-martial. Initially the United States Supreme Court rejected this contention. On rehearing, held, reversed, two justices dissenting. The guarantee of the right to jury trial contained in article 3, section 2, and the guarantees of the …

Constitutional Law - Due Process -Watkins V. United States As A Limitation On Power Of Congressional Investigating Committees, Allan F. Bioff S. Ed.

Michigan Law Review

It is the purpose of this comment to examine the nature and extent of the restraints imposed by the Watkins case as well as the potential problems raised by the decision.

Chafee, Jr.: The Blessings Of Liberty, Nathaniel Nathanson

Michigan Law Review

A Review of The Blessings of Liberty. By Zechariah Chafee, Jr.

The Legislative Status Of An Unconstitutional Statute, Earl T. Crawford

Michigan Law Review

Once a statute has been found to violate some constitutional provision, a legislature is faced with a difficult problem of how to change the statute so as to effect the desired policy and still not violate constitutional principles. The general nature of this problem is suggested by such inquiries as these: Will the subsequent overruling of a previous judicial decision declaring a statute unconstitutional require any legislative action to put the statute into effect? Can a statute, which has been held violative of the constitution, be amended by corrective or curative legislation without complete re-enactment if the statute as amended …

Church, The State, And Mrs. Mccollum, Clarence Emmett Manion

Journal Articles

On March 8, 1948 the Supreme Court of the United States decided in substance that this language prohibits the tax-supported city school systems of the State of Illinois from assisting and encouraging general religious instruction. Just how a constitutional restriction against specified congressional action can possibly impede the activity of a local Illinois school board is an inglorious mystery of modern constitutional construction.

In one way or another however, and for one reason or many, the Court decided eight to one that when the First Amendment says "Congress" it means, among other things, a local school board and when it …

Book Reviews, Henry M. Bates

Michigan Law Review

This little book makes no pretense of exhaustive, scholarly treatment. It is without notes, citation of cases or authorities, or index; nevertheless it is a work which could be read with interest and benefit by every thoughtful citizen. The purpose of the author is to show the enormous expansion of federal power and actual control, a development, as Mr. West says, which was inevitable if "We the People of the United States" were to become a nation or long endure even as a union of states. But the conditions and circumstances which have produced this extraordinary accretion of power to …

Changing Legal Order, Floyd R. Mechem

Michigan Law Review

I must, I suppose, be considered a dull age which does not have its loyal chronicler who arises to affirm that it is the greatest and most important age in the history of the world. There have been many great periods. Some of them doubtless antedate historic times. Many of these ages doubtless were unconscious of their own importance. Picture to yourself the time when primitive man first learned to make and control a fire. How it differentiated him from all other animals! Not even yet, so far as I am aware, does even the most advanced non-human animal build …

The Guarantee Of Order And Republican Government In The States, Thomas M. Cooley

Articles

A short time ago, the whole country was plunged into a condition of anxiety and excitement by the conflicting claims to the executive authority in one of the States, and by the preparations made, and measures set on foot, to support them.