Constitutional Commentary articles from September 1994

Constitutional Commentary archives from September 1994

The constitutional law songbook.
September 22, 1994... Special Interest PAC (to the tune of "Yellow Submarine") Senator Buckley ran for office, Wanted victory, not romance. He left the trail and went High Courtin' To woo the lords of campaign finance.(1) Refrain: We...

Advocacy in the U.S. Supreme Court: expertise within the appellate bar.
September 22, 1994... During the early nineteenth century, there was a distinct Supreme Court bar, dominated by lawyers in and around Washington. Travel to the new capital city was difficult, and, rather than assume the onerous task of journeying to Washington to...

Constitutional theory and constitutionally optional benefits and burdens.
September 22, 1994... A bedrock assumption of almost all judicial and academic interpreters of the Constitution is that the Constitution is in large part permissive. That is, most laws or governmental actions are neither forbidden nor required by the Constitution...

Reconceiving interpretive autonomy: insights from the Virginia and Kentucky resolutions.
September 22, 1994... Judges are not only constitutional decisionmakers in the United States. It is necessary, therefore, to move beyond widespread preoccupation with the Constitution's judicial interpretation and enforcement. Judicial review is certainly an...

We the exceptional American people.
September 22, 1994... [The People of America] reared the fabrics of governments which have no model on the face of the globe. The Federalist No. 14(1) I. INTRODUCTION: "AMERICAN EXCEPTIONALISM" There is an...

How American judges interpret the Bill of Rights.
September 22, 1994... I American courts have considerable power to affect government by exercising the power to invalidate, and thus render inoperative, federal and state statutes or the executive acts of federal and state officials (including the President...

The Partial Constitution.
September 22, 1994... The Partial Constitution is Cass Sunstein's attempt to pull together the elements of a civic republican vision for American constitutionalism in the late twentieth century. Civic republicanism refers to a set of beliefs about government and its...

The Constitution, Law, and American Life: Critical Aspects of the Nineteenth Century Experience.
September 22, 1994... The Constitution, Law, and American Life is a collection of essays that discusses selected aspects of law in nineteenth century America. The essays include one on Lincoln, slavery, and the intentions of the Framers; one on a South Bend fugitive...

Apple of Gold: Constitutionalism in Israel and the United States.
September 22, 1994... What is the difference between constitutionalism and constitution? Does constitutionalism embody universal norms that transcend differences in historical experiences and in political culture? Is adherence to constitutionalism possible without a...

A New Constitutionalism: Designing Political Institutions for a Good Society.
September 22, 1994... Most political scientists would agree that the overriding goal of political science is to explain political events. More specifically, whether one is interested in studying the outbreak of war, voting behavior in legislatures, or the effect of...