Vol. 139 No. 8 Introduction In a constitutional showdown with the executive branch, the courts may seem to have limited remedial options. Once we reach a point where...
Vol. 139 No. 8 Because the Supreme Court is powerful, it is largely able to fulfill its legal responsibilities. Because it is a court — because it lacks both the...
Vol. 139 No. 8 Although the Federal Convention of 1787 considered proposing a Council of Revision as part of the new government it devised, it ultimately provided for...
Vol. 139 No. 8 The Supreme Court has developed an increasingly pronounced reliance on Charles-Louis de Secondat, Baron de La Brède et de Montesquieu, as an authoritative voice...
Vol. 139 No. 8 Government speech doctrine can be a silver bullet for government defendants facing First Amendment free speech claims. If the government is speaking, its regulation...
The Second Amendment was designed to protect the people and the states from a tyrannical and unrepresentative central government. Excavating this history today is...
Vol. 139 No. 7 The Supreme Court promises that government action is illegitimate if it “lack[s] any purpose other than a ‘bare . . . desire to harm a politically unpopular group.’”...
Vol. 139 No. 6 By standard accounts, there are fifty-four constitutions across the federal, state, and territorial governments of the United States. But in fact, there are 230 other governmental constitutions that currently govern peoples and territories within the United States. These constitutions not only flow from a sovereignty that existed prior to the United States but also came out of a legal movement that asserted its independence from both the U.S. Constitution and state constitutions. This Article tells the story of these constitutions — the constitutions of Native nations.
Vol. 139 No. 6 Whether written or unwritten, young or old, constitutions can't compel the construction of institutions of the enforcement of checkpoints any more than maps can create fences, checkpoints, or border patrols. And yet constitutions are powerful; they produce effects.
