...and provide an evaluation and critique of those perspectives. It will culminate in a defense of its own thesis. Possible topics include: • The history, functions, and uses of one of the various “technical barriers” • Scope and limits of the presidential power to pardon • Federalism as a value in the Warren and post-Warren Supreme Court • Federalism as a constitutional concept in the Rehnquist Court • How far did the Rehnquist Revolution in federalism go? • The constitutional status of the War Powers Act (1973) • The concept of Executive Privilege • Are there limits to the Court’s recent “takings clause” jurisprudence? • The impact of I.N.S. v. Chadha (1983) • An analysis of the contemporary understanding and constitutional significance of (a) the reversal of New Deal legislation by the Supreme Court, or (b) the Court Pack Scheme of F.D.R. • Congressional attempts to restrict the jurisdiction of the federal courts...
Words: 3165 - Pages: 13
...Crawford v. Metropolitan Government of Nashville and Davidson County, Tennessee Vicky Crawford, was a long-time worker for the Metropolitan Government of Nashville and Davidson County. In 2002, the department of human resources began an investigation into Dr. Gene Hughes, the newly hired employee relations director for the Metro School District. Several female employees had expressed concern about being sexually harassed by Hughes. Veronica Frazier, the assistant director for the county human resources department was assigned to investigate the allegations. Frazier began by calling employees who had worked closely with Hughes, including Crawford. Crawford described to Frazier several incidents of sexual harassment. According to Crawford, Hughes has requested on "numerous" occasions to see her breasts. Hughes also, in response to the question "What's up?" grabbed his crotch and replied "You know what's up." On several occasions, Crawford continued, Hughes had pressed his crotch against the window of her office. On one occasion, when Crawford asked Hughes what she could do for him, he grabbed her head and pulled it towards his crotch. Other allegations were made by two other women who worked with Hughes. Frazier's report did not resolve the allegations, as Hughes denied the allegations and there were no witnesses. The report concluded that Hughes had acted inappropriately, but no disciplinary action was taken against him. (In fact even after information surfaced in March 2003...
Words: 4929 - Pages: 20
...A NEW BIRTH OF FREEDOM?: OBERGEFELL V. HODGES Kenji Yoshino The decision in Obergefell v. Hodges1 achieved canonical status even as Justice Kennedy read the result from the bench. A bare majority held that the Fourteenth Amendment required every state to perform and to recognize marriages between individuals of the same sex.2 The majority opinion ended with these ringing words about the plaintiffs: “Their hope is not to be condemned to live in loneliness, excluded from one of civilization’s oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right.”3 While Obergefell’s most immediate effect was to legalize same-sex marriage across the land, its long-term impact could extend far beyond this context. To see this point, consider how much more narrowly the opinion could have been written. It could have invoked the equal protection and due process guarantees without specifying a formal level of review, and then observed that none of the state justifications survived even a deferential form of scrutiny. The Court had adopted this strategy in prior gay rights cases.4 Instead, the Court issued a sweeping statement that could be compared to Loving v. Virginia,5 the 1967 case that invalidated bans on in––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Chief Justice Earl Warren Professor of Constitutional Law, New York University School of Law. I gratefully acknowledge receiving financial support from...
Words: 15849 - Pages: 64
...Northwestern University – School of Law Public law & Legal Theory Research Paper Series Paper No. 09-12 ~and~ University of San Diego – School of Law Legal Studies Research Paper Series Paper No. 09-008 Reconciling Originalism and Precedent John O. McGinnis Northwestern University – School of Law Michael B. Rappaport University of San Diego – School of Law Northwestern University Law Review, Vol. 103, No. 2, 2009 Copyright 2009 by Northwestern University School of Law Northwestern University Law Review Printed in U.S.A. Vol. 103, No. 2 RECONCILING ORIGINALISM AND PRECEDENT John O. McGinnis∗ & Michael B. Rappaport** INTRODUCTION ....................................................................................................................... 1 I. PRECEDENT, ORIGINALISM, AND THE CONSTITUTION ................................................... 4 A. B. C. II. A. B. C. D. E. F. The Supposed Conflict Between Originalism and Precedent ............................ 5 A Short History of Precedent ............................................................................... 7 The Consistency of Originalism and Precedent ............................................... 21 The Supermajoritarian Theory of Constitutional Originalism........................ 28 The Relative Benefits of Original Meaning and Precedent ............................. 29 Precedent Rules .................................................................................................. 34 Factors...
Words: 28150 - Pages: 113
