Topic
Constitutional Law
Posts
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ArticleVol. 88 · Iss. 3
Natural Law and the Rhetoric of Empire: Reynolds v. United States, Polygamy, and Imperialism
In 1879, the U.S. Supreme Court construed the Free Exercise Clause for the first time, holding in Reynolds v. United States that Congress could punish Mormon…
Nathan B. Oman -
CommentaryVol. 88 · Iss. 2
A Reply to Elena Kagan Can’t Say That: The Sorry State of Public Discourse Regarding Constitutional Interpretation
Written in the form of a fictional memo by Elena Kagan to the President of the U.S., this commentary offers a reply to the fictional…
Eric J. Segall -
CommentaryVol. 88 · Iss. 2
Elena Kagan Can’t Say That: The Sorry State of Public Discourse Regarding Constitutional Interpretation
Written in the form of a fictional memo by Counsel to the President, Ray Politik, this commentary offers a reply to a fictional opening statement…
Neil J. Kinkopf -
CommentaryVol. 88 · Iss. 2
What Elena Kagan Could Have and Should Have Said (and Still Have Been Confirmed)
Written in the form of a fictional memo by Elena Kagan to the President of the U.S., this commentary offers a proposed opening statement…
Eric J. Segall -
ArticleVol. 88 · Iss. 2
The Political Fourth Amendment
The Political Fourth Amendment builds on Justice Ginsburg’s recent dissent in Herring v. United States to argue for a “more majestic conception” of the Fourth Amendment…
Thomas P. Crocker -
ArticleVol. 88 · Iss. 1
The Scope of Congress’s Thirteenth Amendment Enforcement Power After City of Boerne v. Flores
Section 2 of the Thirteenth Amendment grants Congress power to enforce this article by appropriate legislation. In Jones v. Alfred H. Mayer Co., the Supreme…
Jennifer Mason McAward -
Online2021
Pardon Me? Reconciling The Pardon Power with Traditional Notions of Checks-and-Balances
Article II, Section 2 of the United States Constitution confers upon the president the “power to grant reprieves and pardons for offenses against the…
Marriam Shah -
Online2021
The Unconstitutionality of Espinoza’s Blue Sky Scholarship Program
In Espinoza v. Montana Department of Revenue,1 the Supreme Court ruled that providing state funds to private secular schools but not private religious schools amounted…
Caroline Mala Corbin -
Online2021
A Matter of “Principal”: A Critique of the Federal Circuit’s Decision in Arthrex v. Smith & Nephew, Inc.
Abstract The Supreme Court recently granted certiorari in United States v. Arthrex. In that case, the Court of Appeals for the Federal Circuit held that administrative…
Patrick J. Sobkowski -
ArticleVol. 94 · Iss. 6
Cutting Through: Thirteen Ways of Looking at Justice Stevens
Detroit imposes special zoning restrictions on adult movie theaters. “If the theater is used to present ‘material distinguished or characterized by an emphasis on…
Abner S. Greene -
CommentaryVol. 94 · Iss. 4
Confirming Supreme Court Justices in a Presidential Election Year
Justice Antonin Scalia’s death prompted United States Senate Majority Leader Mitch McConnell (R-Ky.) and Judiciary Committee Chair Chuck Grassley (R-Iowa) to argue that the…
Carl Tobias -
NoteVol. 94 · Iss. 1
The Religious Difference: Equal Protection and the Accommodation of (Non)-Religion
The First Amendment provides for specific rules that apply to “religion” without defining the term. This definition seems essential; the prohibition on establishment and…
Jonathan P. Kuhn