Now showing items 1-5 of 5
Our Unconstitutional Senate
(Constitutional Commentary, 1995)
In the race to the bottom that characterizes this Symposium, I cast my vote for Article I, section 3: "The Senate of the United States shall be composed of two Senators from each State .... Indeed, were this provision not ...
The Barking Dog
(Case Western Reserve Law Review, 1996)
Professor Tushnet, and indeed many of the participants in this symposium, seem to believe that United States v. Lopez will have some lasting significance. Those participants who disagree have suggested that the case's lack ...
Justice O'Connor's Dilemma: The Baseline Question
(William and Mary Law Review, 1998)
Many commentators view City of Boerne v. Flores,' in which a divided Supreme Court struck down the Religious Freedom Restoration Act of 1993 (RFRA), as a major defeat in the battle for religious freedom in the United ...
Enlightening the Religion Clauses
(Journal of Contemporary Legal Issues, 1996)
I have argued that the government may not single out any irrational beliefs for preferential treatment, nor is it required to treat alternative epistemologies as favorably as Enlightenment rationality. Both history ...
(Stanford Law Review, 1995)
Robin West has written a book that every constitutional scholar would like to like. In Progressive Constitutionalism, she promises us a new and historically accurate interpretation of the Fourteenth Amendment that will ...