Constitutional Commentary

On May 8, 1998, former United States Senator Jennings Randolph of West Virginia died at the age of 96. The obituary that The New York Times wrote for Mr. Randolph focused on the Senator's role as author of the Twenty-sixth Amendment, which, according...

"When it is said in the books, that a statute contrary to natural equity and reason, or repugnant, or impossible to be performed, is void, the cases are understood to mean that the courts are to give the statute a reasonable construction."(1) So James...

During the past decade,(1) a lively debate has been percolating in an area of legal scholarship that has examined what has been variously described as departmentalism, constitutional Protestantism, coordinate construction, and nonjudicial constitutional...

I. INTRODUCTION On July 20, 1787, deputies to the Constitutional Convention debated whether the national executive should be "removeable on impeachment and conviction for malpractice or neglect of duty."(1) Some, like Gouverneur Morris of Pennsylvania,...