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Articles 61 - 90 of 95
Full-Text Articles in Supreme Court of the United States
Forty Years In The Desert, Paul F. Campos
Forty Years In The Desert, Paul F. Campos
Publications
The author uses Brown v. Board of Education and the volumes of commentary it has provoked to illustrate that coherent constitutional interpretation is a useless exercise. He argues that the decision should be accepted as political reality and moral necessity and that we should cease debating its merit as constitutional interpretation.
A Heterodox Catechism, Paul Campos
Constitutional Judgment, Gene R. Nichol
Constitutional Judgment, Gene R. Nichol
Michigan Law Review
A Review of Constitutional Interpretation by Philip Bobbitt
The Nonsupreme Court, Kathleen M. Sullivan
The Nonsupreme Court, Kathleen M. Sullivan
Michigan Law Review
A Review of The Constitution in Conflict by Robert A. Burt
Court-Gazing, Stephen F. Williams
Court-Gazing, Stephen F. Williams
Michigan Law Review
A Review of Turning Right: The Making of the Rehnquist Supreme Court by David G. Savage and Deciding To Decide: Agenda Setting in the United States Supreme Court by H.W. Perry, Jr.
The Care And Feeding Of The United States Constitution, Abner J. Mikva
The Care And Feeding Of The United States Constitution, Abner J. Mikva
Michigan Law Review
A Review of The Intelligible Constitution by Joseph Goldstein
Disagreement And Interpretation, Robert F. Nagel
Social Justice And Fundamental Law: A Comment On Sager's Constitution, Terrance Sandalow
Social Justice And Fundamental Law: A Comment On Sager's Constitution, Terrance Sandalow
Articles
Professor Sager begins his very interesting paper by identifying what he considers a puzzling phenomenon: the Constitution, as interpreted by courts, is not coextensive with "political justice." "This moral shortfall," as he refers to it, represents not merely a failure of achievement, but a failure of aspiration: as customarily interpreted, the Constitution does not even address the full range of issues that are the subject of political justice. Sager regards that failure as surprising-so surprising that, in his words, it "begs for explanation."'
The Supreme Court As Constitutional Interpreter: Chronology Without History, Herbert Hovenkamp
The Supreme Court As Constitutional Interpreter: Chronology Without History, Herbert Hovenkamp
Michigan Law Review
A Review of The Constitution in the Supreme Court: The Second Century, 1888-1986 by David P. Currie
The Role Of The Legislative And Executive Branches In Interpreting The Constitution, Robert Nagel
The Role Of The Legislative And Executive Branches In Interpreting The Constitution, Robert Nagel
Publications
No abstract provided.
The Rise Of Modern Judicial Review: From Constitutional Interpretation To Judge-Made Law, Ward A. Greenberg
The Rise Of Modern Judicial Review: From Constitutional Interpretation To Judge-Made Law, Ward A. Greenberg
Michigan Law Review
A Review of The Rise of Modern Judicial Review: From Constitutional Interpretation to Judge-Made Law by Christopher Wolfe
Rationalism In Constitutional Law, Robert F. Nagel
A Comment On Democratic Constitutionalism, Robert F. Nagel
A Comment On Democratic Constitutionalism, Robert F. Nagel
Publications
No abstract provided.
Constructing A Constitution: 'Orginal Intention' In The Slave Cases, James Boyd White
Constructing A Constitution: 'Orginal Intention' In The Slave Cases, James Boyd White
Other Publications
The question how our Constitution is to be interpreted is a living one for us today, both in the scholarly and in the political domains. Professors argue about "interpretivism" and "originalism" in law journals, they study hermeneutics and deconstruction to determine whether or not interpretation is possible at all, and if so on what premises, and they struggle to create theories that will tell us both what we do in fact and what we ought to do. Politicians and public figures (including Attorney General Edwin Meese) talk in the newspapers and elsewhere about the authority of the "original intention of …
Constitutional Decisions And The Supreme Law, Kent Greenawalt
Constitutional Decisions And The Supreme Law, Kent Greenawalt
Faculty Scholarship
What status do Supreme Court decisions have for officials in the political branches of our government? Six months ago, Attorney General Edwin Meese III rekindled controversy over this enduring and troublesome question when he claimed in a widely reported lecture that Supreme Court decisions interpreting the Constitution are not the supreme law of the land, and are properly subject to forms of opposition by other governmental officials. The general reaction to the speech was that it was meant to reduce the perceived authority of Supreme Court opinions, and a close reading of the speech certainly leaves this impression. Yet, even …
The Constitution As Mirror: Tribe's Constitutional Choices, Richard A. Posner
The Constitution As Mirror: Tribe's Constitutional Choices, Richard A. Posner
Michigan Law Review
A Review of Constitutional Choices by Laurence H. Tribe
Hyperspace, Girardeau A. Spann
Hyperspace, Girardeau A. Spann
Michigan Law Review
A Review of The Supreme Court and Constitutional Democracy by John Agresto
Rules And Standards, Pierre Schlag
The Intellectual Development Of The American Doctrine Of Judicial Review, Pnina Lahav
The Intellectual Development Of The American Doctrine Of Judicial Review, Pnina Lahav
Faculty Scholarship
No abstract provided.
The Legislative Branch And The Supreme Court, James Willard Hurst
The Legislative Branch And The Supreme Court, James Willard Hurst
University of Arkansas at Little Rock Law Review
No abstract provided.
Constitutional Adjudication: Deciding When To Decide, Carl Mcgowan
Constitutional Adjudication: Deciding When To Decide, Carl Mcgowan
Michigan Law Review
A Review of Judicial Review And The National Political Process: A Functional Reconsideration of the Role of the Supreme Court by Jesse H. Choper
Constitutional Interpretation, Terrance Sandalow
Constitutional Interpretation, Terrance Sandalow
Articles
"[We] must never forget," Chief Justice Marshall admonished us in a statement pregnant with more than one meaning, "that it is a constitution we are expounding."' Marshall meant that the Constitution should be read as a document "intended to endure for ages.to come, and, consequently, to be adapted to the various crises of human affairs."'2 But he meant also that the construction placed upon the document must have regard for its "great outlines" and "important objects."'3 Limits are implied by the very nature of the task. There is not the same freedom in construing the Constitution as in constructing a …
The Eighteenth-Century Background Of John Marshall's Constitutional Jurisprudence, William E. Nelson
The Eighteenth-Century Background Of John Marshall's Constitutional Jurisprudence, William E. Nelson
Michigan Law Review
This analysis of Marshall's constitutional jurisprudence avoids the pitfalls of previous theories. It does not see the Federalist political program as the source of Marshall's constitutional doctrines and thus does not need to explain how Marshall qualified his political principles or how he convinced non-Federalist judges to accept them. Instead, this essay argues that legal, not political, principles underlay Marshall's jurisprudence, but it attempts to understand those principles in a manner consistent with the unavoidable twentieth-century assumption that law is a body of flexible rules responsive to social reality rather than a series of immutable, unambiguous doctrines derived from a …
Immunity Under The Speech Or Debate Clause For Republican And From Questioning About Sources, Michigan Law Review
Immunity Under The Speech Or Debate Clause For Republican And From Questioning About Sources, Michigan Law Review
Michigan Law Review
Gravel v. United States, which arose out of Senator Mike Gravel's attempt to publicize the Pentagon Papers, concerned the scope of the immunity conferred upon a legislator and his aide under article I, section 6, of the United States Constitution. This provision, commonly called the "speech or debate clause," provides that "for any Speech or Debate in either House, [United States Senators or Representatives] shall not be questioned in any other Place." Gravel is one of the few Supreme Court interpretations of this clause.
Judicial Supremacy Re-Examined: A Proposed Alternative, G. Sidney Buchanan
Judicial Supremacy Re-Examined: A Proposed Alternative, G. Sidney Buchanan
Michigan Law Review
A citizen critic recently expressed to me his bitter opposition to the Warren Court's decisions on school prayer and school desegregation. If this critic were elected governor of a state or placed in some other position of governmental authority, he would almost certainly use his power to block public school desegregation and to encourage prayer reading in the public schools. Conceding that our critic would be acting controversially in so using his power, would he be acting unconstitutionally? This is the question which this Article will attempt to answer. More generally, this Article will consider the extent to which a …
Wasserstrom: The Judicial Decision- Toward A Theory Of Legal Justification, William B. Harvey
Wasserstrom: The Judicial Decision- Toward A Theory Of Legal Justification, William B. Harvey
Michigan Law Review
A Review of The Judicial Decision- Toward A Theory of Legal Justification By Richard A. Wasserstrom.
The Supreme Court And The Rule Of Law, Paul G. Kauper
The Supreme Court And The Rule Of Law, Paul G. Kauper
Michigan Law Review
I should like to approach this afternoon's subject along two lines. On the one hand, I propose to develop the subject in terms of the Supreme Court's contribution to our understanding of the Rule of Law, and, on the other hand, I propose to look at the Supreme Court as a governmental institution subject to the Rule of Law. In short, I propose to discuss the Supreme Court both as an instrumentality for the development of the American concept of the Rule of Law and as an institution governed by the Rule of Law. Needless to say, these two approaches …
Reappraisal Of Federal Question Jurisdiction, G. Merle Bergman
Reappraisal Of Federal Question Jurisdiction, G. Merle Bergman
Michigan Law Review
For some time I have been reading and listening to criticisms directed toward decisions which the Supreme Court has rendered in cases involving federal question jurisdiction. The general 'tenor of this criticism is that these decisions demonstrate a surprising lack of uniformity and conscious purpose. Writers profess to search in vain for sound logic in the Court's opinions. They point up instead the anomaly which is reflected when cases involving a substantial federal issue are tried in state courts, while those in which no real federal issue is involved are nevertheless accepted for trial in the federal courts. This result, …
Supreme Court's Construction Of The Federal Constitution In 1920-1921, Thomas Reed Powell
Supreme Court's Construction Of The Federal Constitution In 1920-1921, Thomas Reed Powell
Michigan Law Review
While the Constitution does not in terms forbid the United States, as it forbids the states, to pass any law impairing the obligation of contracts, the principle has become established that contracts made by the United States may create rights of which individuals may not be divested. This principle is attached to the Fifth Amendment's prohibition against depriving any person of property without due process of law. In applying this principle, United States v. Northern Pacific Ry. Co.2 held that a grant of land to a railroad to induce its construction is a contract, and that provisions for substituting indemnity …
Supreme Court's Construction Of The Federal Constitution In 1920-1921, Thomas Reed Powell
Supreme Court's Construction Of The Federal Constitution In 1920-1921, Thomas Reed Powell
Michigan Law Review
The difficulty of classifying cases on the police power has not evaporated since the review of decisions for the preceding year. The headings there suggested are used here. Classification on the basis of the objects of the legislation appears too precarious to be attempted with any confidence. It seems safer to work along the line of the subject matters with which the legislation deals. Certain topics are species of a wider genus, and thus the same case may be put in two or more groups. Readers who are dissatisfied with the classification adopted may be assured of the sympathy of …