Open Access. Powered by Scholars. Published by Universities.®
Social and Behavioral Sciences Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Publication
- Publication Type
- File Type
Articles 1 - 3 of 3
Full-Text Articles in Social and Behavioral Sciences
Federal Roadblocks: The Constitution And The National Popular Vote Interstate Compact, Ian Drake
Federal Roadblocks: The Constitution And The National Popular Vote Interstate Compact, Ian Drake
Department of Political Science and Law Faculty Scholarship and Creative Works
The National Popular Vote (NPV) interstate compact proposes to change the presidential election system from a state-based federal system to a national popular vote system. NPV proponents contend states can implement the compact without federal governmental authorization. This article addresses the constitutional questions of whether the NPV must obtain Congress’s approval and whether Congress has the constitutional authority to grant such approval. In addressing these questions, I review U.S. Supreme Court precedents and constitutional history and find the NPV is the type of compact the Supreme Court would conclude requires congressional approval. Most importantly, I contend Congress is constitutionally unable …
History In The Making: Tunisia's Revolution, Nathaniel Greenberg
History In The Making: Tunisia's Revolution, Nathaniel Greenberg
Nathaniel Greenberg
ON THE NIGHT of January 24, 2011, I sat smoking shisha and sipping tea at a coffee shop in the downtown Cairo neighborhood of Lazoghly, just blocks from Tahrir Square. The Tunisian revolution had reached a crescendo, but there was little talk of it in this largely working-class neighborhood. With rumors spreading that protests were planned for the coming day, I asked some of the regulars if they thought Egypt could go the way of Tunisia. It was a laughable query. Egypt was too divided, they said, Mubarak too powerful. The following day seemed to confirm their skepticism. No one …
The Divergence Of Modern Jurisprudence From The Original Intent For Federalist And Tenth Amendment Limitations On The Treaty Power, Steven T. Voigt
The Divergence Of Modern Jurisprudence From The Original Intent For Federalist And Tenth Amendment Limitations On The Treaty Power, Steven T. Voigt
The University of New Hampshire Law Review
[Excerpt] “That the federal treaty-making authority is constrained by the other parts of the Constitution does not sound like the stuff of law journals. It seems like common sense. After all, we would not expect someone to argue that the ability to “regulate Commerce” entitles Congress to disregard the Third Amendment and quarter soldiers in our houses. We would not expect to see an argument that the power to “establish Post Offices” enables Congress to disregard the freedom of the press in the First Amendment. So, why is the Tenth Amendment so fully disregarded with respect to treaties?”