The William and Mary Bill of Rights Journal

Provides articles on constitutional law.

Articles from Vol. 13, No. 1, October

Beyond Gay Rights: Lawrence V. Texas and the Promise of Liberty
INTRODUCTIONThe popular press has generally characterized the Supreme Court's recent decision in Lawrence v. Texas1 as a victory for gay rights, standing for a right to privacy in the bedroom.2 Even articles that are more law-oriented primarily have...
Challenging the Wisdom of Solomon: The First Amendment and Military Recruitment on Campus
INTRODUCTIONTimes of war and First Amendment1 controversies - the two invariably and inevitably go hand in hand. Whether it is Paul Robert Cohen's anti-draft jacket2 and the publication of the so-called Pentagon Papers3 during the conflict in Vietnam,...
Constitutional Theory in a Nutshell
I. WHY THEORY? ................................................ 57II. Who Interprets the Constitution? ............................. 60III. WHAT IS THE CONSTITUTION? ................................... 68IV. HOW TO INTERPRET THE CONSTITUTION? ..............................
Retroactivity of New Rules of Constitutional Law: Why the Supreme Court Should Have Overturned Warren Summerlin's Unconstitutional Death Sentence
'He who the sword of heaven will bear should be as holy as severe. "1INTRODUCTIONWarren Summerlin's conviction for first-degree murder and sexual assault, and his resulting death sentence are, in the words of the United States Court of Appeals for the...
Scienter, Causation, and Harm in Freedom of Expression Analysis: The Right Hand Side of the Constitutional Calculus
But, although the rights of free speech and assembly are fundamental, they are not in their nature absolute. Their exercise is subject to restriction, if the particular restriction proposed is required in order to protect the state from destruction or...
The Panda's Thumb: The Modest and Mercantilist Original Meaning of the Commerce Clause
INTRODUCTIONThe third power listed in the Constitution's description of federal powers gives Congress the power to regulate commerce with foreign nations, with Indian tribes and among the states.1 In the original debates over adoption of the Constitution,...