Browsing by Subject "Constitutional history -- United States"
Now showing items 1-10 of 10
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(University of Chicago Law Review, 1987)In seeking to understand and interpret our written Constitution, judges and scholars have often focused on two related issues: how did the founding generation understand the Constitution they created, and to what extent ...
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(Vanderbilt University, 2008-10-17)
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(Constitutional Commentary, 1988)In the past twenty years, historians have greatly enriched our knowledge of the eighteenth-century ideas that underlie the Constitution. Much of this scholarship has been devoted to rediscovery of eighteenth century ...
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(Vanderbilt News Service, 2006-09-22)
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(2007)As construed by the Supreme Court, the Fourth Amendment's reasonableness requirement regulates overt, non-regulatory government searches of homes, cars, and personal effects-and virtually nothing else. This essay is primarily ...
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(Cincinnati Law Review, 1992)Two of our most cherished constitutional myths are that we are, more or less, carrying on the constitutional traditions of the framers, and that the framers' most significant innovation was the invention of a written ...
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(Hastings Law Journal, 1994)Professor Novak's article' is a much-needed breath of fresh air, because of both its historical approach and its rejection of a paradigm of pure individualism. Professor Novak eloquently reminds us that constitutional ...
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(Constitutional Commentary, 2009)Taking a cue from Professor Laurence Tribe's decision to abandon the third edition of his constitutional law treatise, the organizers of this symposium have asked us to address whether constitutional law is in crisis. I ...
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(Williamn and Mary Law Review, 1989)What I find most intriguing about Professor Casper's essay1 is its historical description of the founders' attitude not so much toward "separation of powers," but toward separation of powers "questions." In other words, I ...
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(Law and Inequality, 1988)There is a tendency in the bicentennial year-and especially this week-to idealize the events of 1787. We tend to presume that the men who wrote the Constitution were near-perfect demigods, who crafted a brilliant and ...