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9 Sep 2016, 2:31 pm by Lawrence Rosenthal
Perhaps, in the founding era, acquiring information about “the relative heat of various rooms in the house” through covert surveillance would have been regarded as innocuous, as Justice John Paul Stevens argued in his Kyllo dissent. [read post]
25 Jul 2017, 9:01 pm by Michael C. Dorf
”.Levinson and Balkin think that Lincoln’s suggestion of emergency power does not quite fit their type one because they characterize Lincoln as offering a “controversial interpretation” of the Constitution, rather than asserting the power to violate it. [read post]
13 May 2024, 9:07 am by Brian Albrecht
Steven Olley and Ariel Pakes mentioned in my last post). [read post]
20 Aug 2014, 4:47 am
Stevens (2010) for a recent example of the application of First Amendment overbreadth doctrine.) [read post]
9 Sep 2012, 1:42 pm by Lawrence Solum
In the United States, for example, the courts have the power to declare that acts of Congress are unconstitutional, and if the Supreme Court so declares, the Congress does not have the power to override its decision. [read post]
12 Oct 2022, 6:05 am by Erin Carroll
It still has power to influence culture, politics, and the law. [read post]
22 May 2011, 2:36 pm by Lawrence Solum
In the United States, for example, the courts have the power to declare that acts of Congress are unconstitutional, and if the Supreme Court so declares, the Congress does not have the power to override its decision. [read post]
31 Jan 2010, 4:29 pm by Lawrence Solum
In the United States, for example, the courts have the power to declare that acts of Congress are unconstitutional, and if the Supreme Court so declares, the Congress does not have the power to override its decision.The institution of judicial review is counter-majoritarian in part because federal judges are not elected and they serve life terms. [read post]
6 Oct 2017, 6:32 am by Jim Sedor
 Joel Gilbert and Steven McKinney are named on charges including conspiracy and bribery. [read post]
21 Mar 2018, 9:01 pm by Vikram David Amar
Justice Stevens spoke for many jurists and observers when he wrote in his dissenting opinion: What must underlie petitioners’ entire federal assault on the Florida election procedures is an unstated lack of confidence in the impartiality and capacity of the state judges who would make the critical decisions if the vote count were to proceed. [read post]
12 Jun 2015, 6:25 am by Jim Sedor
Any such occasion serves a dual purpose, said political consultant Steven Maviglio. [read post]
24 Jun 2024, 10:37 am by Adam Klasfeld
”  Pearce countered that all that matters in terms of the Constitution and precedent is that Garland has the power to supervise or even shut down the special counsel’s investigation. [read post]
30 Jun 2011, 10:59 am by JB
We ought to do something to protect those wounded patriots who have been stricken down in the cause of their country, and to put the securty of their pensions and their means of support beyond the power of wavering majorities in Congress, who may, at some time, perhaps, be hostile to the soldier. . . . [read post]
30 May 2023, 10:15 am by Guest Author
It compels the state to engage in communicative, reason-based discourse rather than the mere exercise of power. [read post]
2 Dec 2023, 7:25 pm by Jim Lindgren
  Brief of Amici Curiae Former Attorney General Edwin Meese III and Professors Steven G. [read post]
3 Sep 2019, 9:01 pm by Michael C. Dorf
State legislative power to direct appointment of electors could be deemed plenary, thus encompassing various limitations. [read post]
17 Apr 2013, 4:37 pm by Patrick S. O'Donnell
”—Steven Luper [1]“The human species is only partly natural. [read post]
4 Sep 2009, 2:48 pm
  Stevens’ concurring opinion took a narrow view of the dispute, but found the Michigan law valid. [read post]