Boalt Working Papers in Public Law Law as Treaties?: The Constitutionality
... for approving international agreements in place of the supermajority process required by the Constitution’s Treaty Clause. These “congressional-executive agreements,” which require only simple majorities in Congress and presidential signature, have become the instrument of choice for entry into some ...
... for approving international agreements in place of the supermajority process required by the Constitution’s Treaty Clause. These “congressional-executive agreements,” which require only simple majorities in Congress and presidential signature, have become the instrument of choice for entry into some ...
The Subjects of the Constitution
... judicial review focuses on verbs, let alone objects, it should begin at the beginning, with subjects. Every constitutional inquiry should begin with a basic question that has been almost universally overlooked. The fundamental question, from which all else follows, is the who question: who has viola ...
... judicial review focuses on verbs, let alone objects, it should begin at the beginning, with subjects. Every constitutional inquiry should begin with a basic question that has been almost universally overlooked. The fundamental question, from which all else follows, is the who question: who has viola ...
read or this chapter
... immigration, vehicle licensing, state tendering procedures, land-use planning or civil aviation. The AJA is general administrative law. This means, first, that it applies to and binds the entire administration at all levels of government — national, provincial and local. It provides a set of general ...
... immigration, vehicle licensing, state tendering procedures, land-use planning or civil aviation. The AJA is general administrative law. This means, first, that it applies to and binds the entire administration at all levels of government — national, provincial and local. It provides a set of general ...
Internments, Then and Now: Constitutional Accountability in Post
... Relying upon the logic it had earlier invoked to uphold the convictions of Gordon Hirabayashi and Minoru Yasui for violating a curfew imposed upon Japanese Americans, the Supreme Court refused to “reject as unfounded the judgment of the military authorities and of Congress that there were disloyal m ...
... Relying upon the logic it had earlier invoked to uphold the convictions of Gordon Hirabayashi and Minoru Yasui for violating a curfew imposed upon Japanese Americans, the Supreme Court refused to “reject as unfounded the judgment of the military authorities and of Congress that there were disloyal m ...
Enumeration and Other Constitutional Strategies for
... pointed out, the powers enumerated in Article I could easily be interpreted as granting the federal government unlimited authority. "The clause which vests the power to pass all laws which are proper and necessary, to carry the powers given into execution," Brutus complained, "leaves the legislature ...
... pointed out, the powers enumerated in Article I could easily be interpreted as granting the federal government unlimited authority. "The clause which vests the power to pass all laws which are proper and necessary, to carry the powers given into execution," Brutus complained, "leaves the legislature ...
The ANTIFEDERALIST Papers
... Convention. If it is suitable to the GENIUS and HABITS of the citizens of these states, it will bear the strictest scrutiny. The PEOPLE are the grand inquest who have a RIGHT to judge of its merits. The hideous daemon of Aristocracy has hitherto had so much influence as to bar the channels of invest ...
... Convention. If it is suitable to the GENIUS and HABITS of the citizens of these states, it will bear the strictest scrutiny. The PEOPLE are the grand inquest who have a RIGHT to judge of its merits. The hideous daemon of Aristocracy has hitherto had so much influence as to bar the channels of invest ...
Carl Schmitt and the Problem of Constitutional Guardianship
... Statutory positivism was closely wedded to the framework of the legislative state. Statutory positivists advocated a purely procedural and value-neutral conception of the constitution. Law was identified with statute and statute was regarded as the result of the legislative will of the state. The c ...
... Statutory positivism was closely wedded to the framework of the legislative state. Statutory positivists advocated a purely procedural and value-neutral conception of the constitution. Law was identified with statute and statute was regarded as the result of the legislative will of the state. The c ...
Implementing Modern Public Health Goals through Government: An
... Federalism has played a vital role in this transition from local to national governmental powers and corresponding public health goals. Public health objectives rely on governmental structures resulting from federalism interpretations. 7 As a principle of law, federalism distinguishes between the li ...
... Federalism has played a vital role in this transition from local to national governmental powers and corresponding public health goals. Public health objectives rely on governmental structures resulting from federalism interpretations. 7 As a principle of law, federalism distinguishes between the li ...
Preview Sample 1
... D. is invalid because, although on its face it's an intrastate law, this statute will have a significant economic effect on interstate commerce, causing an undue burden. 49. In Gonzalez v. Raich, patients who were prescribed medical marijuana sought to prevent enforcement of the federal Controlled S ...
... D. is invalid because, although on its face it's an intrastate law, this statute will have a significant economic effect on interstate commerce, causing an undue burden. 49. In Gonzalez v. Raich, patients who were prescribed medical marijuana sought to prevent enforcement of the federal Controlled S ...
The Success of Constitutionalism in the United States and Its Failure
... Unlike that of the United States, the Latin American experience with constitutionalism has generally been a failure. The dilemma of Latin American constitutionalism has been candidly captured by the paradoxical lament: "Our poor Constitution! So virginal and so violated!" As one can see from Appendi ...
... Unlike that of the United States, the Latin American experience with constitutionalism has generally been a failure. The dilemma of Latin American constitutionalism has been candidly captured by the paradoxical lament: "Our poor Constitution! So virginal and so violated!" As one can see from Appendi ...
This Is Not a War - The Yale Law Journal
... There is something about the presidency that loves war-talk.2 Even at its most metaphorical, martial rhetoric allows the President to invoke his special mystique as Commander in Chief, calling the public to sacrifice greatly for the good of the nation. Perhaps the clarion call to pseudo-war is just ...
... There is something about the presidency that loves war-talk.2 Even at its most metaphorical, martial rhetoric allows the President to invoke his special mystique as Commander in Chief, calling the public to sacrifice greatly for the good of the nation. Perhaps the clarion call to pseudo-war is just ...
uniform legislation - Parliament of Western Australia
... of international and national agreements and accords which impact on their area of jurisdiction. A number of jurisdictions have put in place procedures to ensure that State legislatures are informed directly and also represented on national or international committees considering proposed legislativ ...
... of international and national agreements and accords which impact on their area of jurisdiction. A number of jurisdictions have put in place procedures to ensure that State legislatures are informed directly and also represented on national or international committees considering proposed legislativ ...
Federalism and Peace Mediation
... of states. The member states transfer some of their powers to one or several common institutions. Typically, changes to the organisation and sometimes even decision-making in the common institution(s) require unanimity, rendering this form of organisation rigid and inflexible. The sovereign member s ...
... of states. The member states transfer some of their powers to one or several common institutions. Typically, changes to the organisation and sometimes even decision-making in the common institution(s) require unanimity, rendering this form of organisation rigid and inflexible. The sovereign member s ...
Sample Chapter
... It is the complexity of rights activism and its three manifestations – democratic activism, judicial activism, and legislative activism – that has ensured the proper functioning of constitutional supremacy in Canada. Democratic activism refers to the intentions of the Charter’s framers to ensure gre ...
... It is the complexity of rights activism and its three manifestations – democratic activism, judicial activism, and legislative activism – that has ensured the proper functioning of constitutional supremacy in Canada. Democratic activism refers to the intentions of the Charter’s framers to ensure gre ...
The Marshall Court: Nationalization of Private Rights and Personal
... 13. The great teacher, James Bradley Thayer, has emphasized that whatever one's approach his constitutional analysis must be tentative: The study of Constitutional Law is allied not merely with history, but with statecraft, and with the political problems of our great and complex national life. In t ...
... 13. The great teacher, James Bradley Thayer, has emphasized that whatever one's approach his constitutional analysis must be tentative: The study of Constitutional Law is allied not merely with history, but with statecraft, and with the political problems of our great and complex national life. In t ...
States` Rights Apogee, 1760-1840
... corrupts, and it must be restrained. The authority to exercise power must be checked, diffused and dispersed. This is a lesson historic experience has demonstrated.20 Many jurists see these Virginia and Kentucky Resolutions as coherent, reasoned, and a practical import from the political philosophy ...
... corrupts, and it must be restrained. The authority to exercise power must be checked, diffused and dispersed. This is a lesson historic experience has demonstrated.20 Many jurists see these Virginia and Kentucky Resolutions as coherent, reasoned, and a practical import from the political philosophy ...
The Political Foundations of Independent Judicial Review
... observe that courts rather than the government made an important policy decision, but not sophisticated enough to realize that the government could manipulate or ignore the courts if it wanted to. Politicians escape blame neither from totally naı̈ve constituents (who look only to outcomes) nor from ...
... observe that courts rather than the government made an important policy decision, but not sophisticated enough to realize that the government could manipulate or ignore the courts if it wanted to. Politicians escape blame neither from totally naı̈ve constituents (who look only to outcomes) nor from ...
Justice and the Text: Rethinking the Constitutional Relation Between
... of judicial review. See MICHAEL J.PERRY, MORALITY, POLITICS, AND LAW: A BICENTENNIAL ESSAY 139 (1988) (defending "nonoriginalist" constitutional interpretation as a means for pursuing the "fundamental aspirations of the [American] political tradition."). For example, Perry articulates a distinct pur ...
... of judicial review. See MICHAEL J.PERRY, MORALITY, POLITICS, AND LAW: A BICENTENNIAL ESSAY 139 (1988) (defending "nonoriginalist" constitutional interpretation as a means for pursuing the "fundamental aspirations of the [American] political tradition."). For example, Perry articulates a distinct pur ...
Re-Thinking Executive Control of and Accountability for the Agency
... is this gap that the article seeks to address. Perhaps the main reason for this gap is the myth or misconception that agencies are somehow autonomous—i.e., free to a greater or lesser degree of executive control. We argue to the contrary: Agency autonomy is limited and agencies are subject to extens ...
... is this gap that the article seeks to address. Perhaps the main reason for this gap is the myth or misconception that agencies are somehow autonomous—i.e., free to a greater or lesser degree of executive control. We argue to the contrary: Agency autonomy is limited and agencies are subject to extens ...
Constitutional Self-Interpretation - Knowledge Bank
... at this issue. Manning's article focused only on the general rule against selfinterpretation by Congress. He did not address exceptions to this rule and did not focus on self-interpretation by the other branches of government." This Article examines the conditions under which the heads of the three ...
... at this issue. Manning's article focused only on the general rule against selfinterpretation by Congress. He did not address exceptions to this rule and did not focus on self-interpretation by the other branches of government." This Article examines the conditions under which the heads of the three ...
Introduction to Part 1 - Institute for Governance and Policy Studies
... understood only in the particular context of the facts in each case. The judge determines the facts based on evidence, and then determines how the statute must be interpreted in that context. The process of statutory interpretation has developed to a fine art. Most of us would think that the words o ...
... understood only in the particular context of the facts in each case. The judge determines the facts based on evidence, and then determines how the statute must be interpreted in that context. The process of statutory interpretation has developed to a fine art. Most of us would think that the words o ...
The Administrative State in a Separation of Powers Constitution
... Although the goal of supranational virtue is widely shared, there has never been agreement on how it can be best achieved. Competing visions of Europe led the drafters of the Treaty of Rome to create a number of independent public institutions, each of which is constituted differently and for a fixe ...
... Although the goal of supranational virtue is widely shared, there has never been agreement on how it can be best achieved. Competing visions of Europe led the drafters of the Treaty of Rome to create a number of independent public institutions, each of which is constituted differently and for a fixe ...
Con_Law_1-_Mystery_Prof2
... You can never have too many checks, the word sole means to prevent each other house from getting involved, not the judiciary, and indeed there may be cases in which an impeachment proceeding may need to be checked . Souter: concurring. Quotes L. Hand in saying that court should only use the discret ...
... You can never have too many checks, the word sole means to prevent each other house from getting involved, not the judiciary, and indeed there may be cases in which an impeachment proceeding may need to be checked . Souter: concurring. Quotes L. Hand in saying that court should only use the discret ...
4 The Swiss Federal System
... an obligation of both central and peripheral levels to choose mutually acceptable means when ...
... an obligation of both central and peripheral levels to choose mutually acceptable means when ...
Martin Loughlin and Neil Walker, eds., The Paradox of
... the question of authority—that is, whether “sheer power [can] turn into something authoritative” (p. 129)—and does not arise within the context of liberal legal theory. The authority of the constitutional order, for liberals, is not derived from the exercise of the constituent power. Rather, it is d ...
... the question of authority—that is, whether “sheer power [can] turn into something authoritative” (p. 129)—and does not arise within the context of liberal legal theory. The authority of the constitutional order, for liberals, is not derived from the exercise of the constituent power. Rather, it is d ...