The Constitution in the Cave
- The last word debate. Devins, Neal // ABA Journal;Oct97, Vol. 83 Issue 10, p46
Looks at how social and political forces shape constitutional values. Role of the US Supreme Court in the Constitution; Links of politics and constitutional decision-making; Invocation of judicial finality.
- The aftermath of Agostini: Confusion continues as the modified Lemon test is applied in Helms v. Picard[a]. Elizondo, Carlos // BYU Journal of Public Law;1999, Vol. 13 Issue 2, p409
Explores the reasoning utilized in ascertaining the constitutionality of an educational funding program in Louisiana by tracking the journey of Helms versus Picard through the United States courts as it was decided under the Agostini-Lemon test. Outline of the Lemon test development; Analysis...
- A constitutional siesta. Cassens, Debra // ABA Journal;Sep98, Vol. 84 Issue 9, p38
Focuses on some judicial decisions made in the United States during late June, 1998, that gave added protection to victims of workplace harassment and those with disabling medical conditions, but made lawsuits more difficult for sexually abused students and citizens claiming some government...
- ARE ORIGINALIST CONSTITUTIONAL THEORIES PRINCIPLED OR ARE THEY RATIONALIZATIONS FOR CONSERVATISM? FALLON JR., RICHARD H. // Harvard Journal of Law & Public Policy;Winter2011, Vol. 34 Issue 1, preceding p6
An essay is presented on whether the theory of originalism of constitutional language is a rationalization for conservatism or a principled theory of interpretation. Several arguments on how constitutional language should be interpreted are that it should reflect the Framers' intent, how it is...
- CONSTITUTIONAL VALUE JUDGMENTS AND INTERPRETIVE THEORY CHOICE. BARTRUM, IAN // Florida State University Law Review;Winter2013, Vol. 40 Issue 2, p259
No abstract available.
- American Federalism. Derthick, Martha // Brookings Review;Winter2000, Vol. 18 Issue 1, p24
Ponders on the changes in the United States federal system. Changes in the constitutional interpretation of the Supreme Court; Electoral politics; Public policies and programs dealing with welfare, schools and criminal justice.
- Interpreting the constitution: Is the intent of the framers controlling? If not, what is? Bittker, Boris I. // Harvard Journal of Law & Public Policy;Fall95, Vol. 19 Issue 1, p8
Focuses on the interpretation of the Constitution of the United States. Effect of the theory of originalism of the Supreme Court case `Brown versus Board of Education'; Historical background of originalism and noninterpretativism; Problems arising from ascertaining the original intent;...
- Judicial review, nationalism, and the commerce clause: Contrasting antebellum and postbellum... Clinton, Robert Lowry // Political Research Quarterly;Dec94, Vol. 47 Issue 4, p857
Reveals that the root of the property-oriented judicial activism of the United States Supreme Court in the late-19th and early-20th centuries is in the misinterpretation of constitutional decision making. Nationalism and former Chief Justice John Marshall's Court; Marshall Court and the...
- The struggle over Marshall and the politics of constitutional history. Gillman, Howard // Political Research Quarterly;Dec94, Vol. 47 Issue 4, p877
Focuses on the accusations against former United States Chief Justice John Marshall's unfair decision making and interpretation of the constitutional text. Marshall's view of the Constitution as positive law; Issue of careful reading of texts and contexts; Limitation of judicial review of...