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Constitutional Commentary
Faculty-edited law journal provides articles, review essays and book reviews on constitutional law and history.
Articles from Vol. 28, No. 2, Fall
Justice Scalia and the Art of Rhetoric
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Throughout his tenure as a Supreme Court justice, Antonin Scalia has suffered a great deal of scathing criticism. He has been castigated as mean-spirited, intolerant, disingenuous, rigid, unprincipled, partisan, reactionary, simplistic, and misogynistic....
Some Internal Points of View and the Study of Law
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THE VANTAGE OF LAW: ITS ROLE IN THINKING ABOUT LAW, JUDGING AND BILLS OF RIGHTS. By James Allan. (1) Farnham (Surrey), Ashgate. 2011. Pp. vii + 202. $124.95. INTRODUCTION Law establishes reasons for action. Even when the lawmaker does not reproduce...
The Citizen-Focused Account of the State
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THE CONSTITUTIONAL STATE. N. W. Barber. (1) Oxford: Oxford University Press, 2010. Pp. xiii + 199. $100.00 (Cloth). A description of any social institution such as the state will be shaped (and limited) by the conceptual apparatus chosen by the...
The Committee of Detail
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I. INTRODUCTION A. THE PROBLEM OF MADISON'S NOTES The principal source for our knowledge of the drafting of the Constitution is James Madison's Notes of the debates in the Philadelphia Convention of 1787. (1) Other delegates--Robert Yates, Rufus...
The Committee of Detail
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6. Conclusions on Document IV I have dwelled on Randolph's draft both for its intrinsic importance and because it illustrates something significant about the historiography of the Convention. It is difficult to find accounts that grant his draft...
Turning Federalism Right-Side Up
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THE UPSIDE-DOWN CONSTITUTION. By Michael Greve. (1) Harvard University Press. 2012. 528 pp. Cloth, $39.95. INTRODUCTION Michael Greve's The Upside-Down Constitution is one of the most important works on constitutional federalism in years. It...
