Protecting Constitutional Freedoms: A Role for Federal Courts

By Daan Braveman; Paul L. Murphy | Go to book overview
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federal constitutional and other rights."185 As this story unfolds, it becomes clear that the authors of that statement could not have been more accurate in their assessment of the Burger Court's plan for closing off access to the federal courts.


Notes
1
Texas v. White, 74 U.S. (7 Wall.) 700, 725 ( 1869).
2
Abramson & Gutmann, "New Federalism: State Constitutions and State Courts" in A WORKABLE GOVERNMENT? THE CONSTITUTION AFTER 200 YEARS109 ( B. MARSHALL ed. 1987).
3.
A. NEVINS, THE AMERICAN STATES DURING AND AFTER THE REVOLUTION, 1775-1789 117 ( 1924).
4.
Id.
5.
SOURCES OF OUR LIBERTIES148-62 ( R. PERRY & J. COOPER ed. 1952).
6.
A. KELLY, W. HARBISON, & H. BELZ, THE AMERICAN CONSTITUTION: ITS ORIGINS AND DEVELOPMENT 41 ( 6th ed. 1983) [hereinafter cited as KHB].
7.
Z. JR. CHAFFEE, How HUMAN RIGHTS GOT INTO THE CONSTITUTION18-20 ( 1952).
8.
Id. at 18-20. See Palmer, "Liberties as Constitutional Provisions" in W. NELSON & R. PALMER, LIBERTY AND COMMUNITY: CONSTITUTION AND RIGHTS IN THE EARLY AMERICAN REPUBLIC 55 ( 1987).
9.
See R. PERRY & J. COOPER, supra note 5, at 311.
10.
KHB supra note 6, at 90.
11.
Id. at 162.
12.
F. BARBASH, THE FOUNDING161 ( 1987).
13.
See infra text accompanying notes 20-23.
14.
See THE FEDERALIST PAPERS227 ( R. Fairfield ed. 1966).
15.
F. BARBASH, supra note 12, at 162.
16.
See e.g., THE FEDERALIST No. 78 ( Fairfield), supra note 14, at 226-33; THE FEDERALIST No. 80 ( Fairfield), supra note 14, at 236-41.
17.
See THE FOUNDER'S CONSTITUTION137 ( P. KURLAND & R. LERNER eds. 1987) (statement of Mr. Randolph) [hereinafter cited as KURLAND & LERNER].
18.
See 3 J. STORY, COMMENTARIES ON THE CONSTITUTION §1583 ( 1833); THE FEDERALIST No. 81 ( Fairfield), supra note 14, at 246.
19.
1 THE RECORDS OF THE FEDERAL CONVENTION OF 1787 124 ( M. FARRAND ed. 1966).
20.
KURLAND & LERNER, supra note 17, at 134.

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