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13 Apr 2016, 5:56 am by Marty Lederman
” (p.16, quoting Utility Air Regulatory Group v. [read post]
31 Jan 2010, 6:03 am
What will happen if the Government does nothing or is not forced into doing something by parliament and 'the people'? [read post]
3 Jan 2010, 7:36 am by Mark Tushnet
(In brief, conservatives are arguing that Congress lacks the power to require people to purchase health insurance or pay a penalty, under either the commerce clause and the power to tax and spend for the general welfare.) [read post]
25 Apr 2012, 9:01 pm by Julian Ku
And so — so, you’re going to have a  situation of mass incarceration of people who are unlawfully present. [read post]
7 Dec 2022, 8:55 am by Lawrence Solum
In light of the prison-industrial complex and similar industries, this Article finds that states encounter powerful incentives to monopolize markets comprised of marginalized people—e.g., inmates, immigrants, and more—due to their dearth of economic and political power. [read post]
11 Dec 2020, 4:47 pm by Katitza Rodriguez
We also are protected by the longstanding rule in Kyllo v. [read post]
6 Sep 2022, 6:30 am by Guest Blogger
Unless a convention of the states assembled pursuant to Article V proceeds to ignore the language of Article V, the current structure of the Senate cannot be changed, and even permissible amendments will need the assent of 38 states. [read post]
1 Jul 2020, 2:31 pm by Michele Goodwin
Just like slavery, maximizing wealth and consolidating power motivated the anti-abortion enterprise. [read post]
29 May 2018, 8:28 am by Joseph Fishkin
The only support for (a) in the complaint is a citation on page 21 to something the Court said in District of Columbia v. [read post]
23 Nov 2022, 11:07 am by Eugene Volokh
But as Congress has no plenary power over tribes and Native Americans as a people, it cannot specify adoption placement or other preferences. [read post]
5 Feb 2009, 10:55 am
The Secretary of State decided to allow the petitions in, remaining concerned that the people should have the power of initiative granted under the constitution. [read post]
28 Jan 2025, 2:12 pm by Joe Patrice
As discussed below, this power stems from the President’s conclusive and preclusive authorities the Court sets out in the Trump v. [read post]
3 Feb 2012, 1:52 am
It states: “Article 7. (1) All powers in the Republic belong to the people, and their exercise on behalf of the people shall be effected only under, and by the authority of, this Constitution(2) This Constitution is, as the solemn expression of the will of the people, the supreme law of the Republic, and if any other law is inconsistent with this Constitution that other law shall, to the extent of the inconsistency, be void. [read post]