... Doctrine Roosevelt Corollary Cambodia investigations legal constructions Munitions Investigation constitutional politics war powers constitutional theory war authority interbranch deliberation constitutional authority U.S. Constitution insularism relational conception In early 2012 President...

... Services Committee Senate Foreign Relations Committee international affairs public opinion national security oversight U.S. Constitution presidency national security oversight Why should Americans care about a topic as arcane as oversight hearings in the Senate Armed Services and Foreign...

...This chapter focuses on separation of powers. It shows that even standard historical accounts do not fully appreciate how central the separation of powers was in the ferment that led to the U.S. Constitution. Separation of powers first of all served as a newly central tool in diagnosing perceived...

... Thomas Constitution the consent Preamble the rights U.S. Constitution Fourteenth Amendment natural rights liberty rights We the People constitutional legitimacy privileges immunities popular sovereignty [I]t would not only be useless, but dangerous, to enumerate a number of rights which...

... constitutional scholarship constitutional law popular sovereignty presumed consent U.S. Constitution economic liberty judges rights originalism Constitution in Exile movement Nearly 15 years ago, I began writing Restoring the Lost Constitution. Since it appeared in 2004, a lot...

..., but these rights have been overlooked simply because they are not in the U.S. Constitution. The book shows how they instead have been included in America's state constitutions, in large part because state governments, not the federal government, have long been primarily responsible for crafting American social...

... Lawrence v Texas Planned Parenthood v Casey Roe v Wade privacy rights Kennedy Anthony Mugler v Kansas antideferentialism legal interpretation analytic philosophy due process U.S. Constitution Fifth Amendment Fourteenth Amendment deferentialism In this paper I present a new conception...

...This chapter demonstrates how assumptions of racial superiority and inferiority tightly bound together statistical races, social science, and public policy. The starting point of this is constitutional language. The U.S. Constitution required a census of the white, the black, and the red races...

...This book examines whether the U.S. Constitution—either as written or as actually applied—is legitimate. It argues that the most commonly held view of constitutional legitimacy—the “consent of the governed”—is wrong because it is a standard that no constitution can meet. It shows why holding...

... Roosevelt Franklin legislative supremacy Balkin Jack Phillips Wendell consent judges Kay Richard Lynch Joseph Second Amendment the originalism U.S. Constitution original meaning popular sovereignty constitutional legitimacy original intent They who are to govern by Laws should...

... legislative activism Ninth Amendment unenumerated rights U.S. Constitution It has been objected also against a bill of rights, that, by enumerating particular exceptions to the grant of power, it would disparage those rights which were not placed in that enumeration; and it might follow, by implication...

... Hugo Home Building & Loan Association v Blaisdell Hughes Charles Evans Tushnet Mark covenant s Kristol Irving constitutional faith civil religion law morality U.S. Constitution rule of law The american bar association in its Code of Professional Responsibility describes...

... civil religion U.S. Constitution Even if one accepts the guiding notion of this book, the Constitution as the focus of a faith community, that does not resolve the question of our own stance regarding “constitutional faith”. To leap or not to leap? That is surely the question. To begin...

... faith civil religion U.S. Constitution What political commitments, if any, does a foreign-born person make upon joining the American polity by taking on the formal status of citizen? That question, among others, was raised by a case decided by the United States Supreme Court in 1943...

... foreign affairs separation of powers Founding Founding myths U.S. Constitution excess power Domestic concerns may have fostered constitutional innovation—most dramatically, perhaps, in the Founding generation’s commitment to separation of powers. But it was the vices of the national...

... constitutional tradition Supreme Court individual rights landmark controversies landmark decisions U.S. Constitution The Founding vision held for much of the nation’s history. For the most part the Supreme Court led the federal judiciary in playing its assigned separation of powers role of robust...

..., the representatives from the American colonies who met at the Constitutional Convention of 1787 faced a multitude of judgmental issues on the composition, powers, and procedures of their government. Over four months, they achieved consensus on the U.S. Constitution. Once this consensus on judgmental issues...

... right of Necessary and Proper Clause Raz Joseph West Robin Aquinas Thomas Rawls John constitutional legitimacy U.S. Constitution popular sovereignty divine right democracy majoritarianism consent laws necessary and proper Wherever the real power in a Government lies, there is the danger...