Constitutional Commentary

Faculty-edited law journal provides articles, review essays and book reviews on constitutional law and history.

Articles from Vol. 18, No. 2, Summer

Bush V. Gore: Looking at Baker V. Carr in a Conservative Mirror
A Southern state engages in electoral shenanigans, thereby precipitating a national crisis. Most United States Supreme Court Justices conclude that the ordinary political process will not remedy the problem. Unfortunately for them, the justiciability...
The Commerce Clause, the Political Question Doctrine, and Morrison
INTRODUCTION The Supreme Court's ruling in United States v. Morrison (1)--which invalidated parts of the Violence Against Women Act on federalism grounds--is one of the most significant Commerce Clause decisions in recent years for several reasons....
Were There Adequate State Grounds in Bush V. Gore?
Few Supreme Court decisions provoke the immediate and intensely negative verdict that law professors passed on Bush v. Gore. (1) It usually takes some time for scholars to digest the opinions, reflect on the majority's reasoning, and render considered...
Why the Supreme Court Should Not Have Decided the Presidential Election of 2000
Bush v. Gore, (1) the Supreme Court's final decision and last exercise of its immense power of judicial review in the 20th century, will be one of its most discussed rulings for many years to come (although rarely cited--I predict--for its specific...