Constitutional Commentary

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

Articles from Vol. 14, No. 2, Summer

A Colloquy with Jack Greenberg about Brown: Experiences and Reflections
This colloquy draws from conversations with Jack Greenberg about this experiences with and the significance of Brown v. Board of Education. The discussion between Greenberg and Richard Sobel took place during class in March 1995, as Part of a seminar...
Cousin Humphrey
Chief Justice John Marshall is known for his celebration of a strong national voice for the early Supreme Court, and so it is hardly surprising that we tend to overlook the philosophical cuckoo in his family nest. Not all Americans willingly conceded...
Desperately Ducking Slavery: Dred Scott and Contemporary Constitutional Theory
Contemporary constitutional theory rests on three premises. Brown v. Board of Education was correct, Lochner v. New York was wrong, and Dred Scott v. Sandford was also wrong. A few intrepid souls question whether Brown was correctly decided (although...
Someone Should Have Told Spiro Agnew
Let's assume that I am elected Vice President of the United States and am an evil, diabolical man. I behave badly, even criminally, in office. The House of Representatives impeaches me. I solemnly march into the Senate chamber for my trial. My team...
Taking from A and Giving to B: Substantive Due Process and the Case of the Shifting Paradigm
The Fifth Amendment prohibits the federal government from depriving any person of "life, liberty, or property, without due process of law," and the Fourteenth Amendment extends that prohibition to the states. State constitutions say the same thing,...
The Legislative Veto in Times of Political Reversal: Chadha and the 104th Congress
More than a decade after it was decided, the Supreme Court's decision in INS v. Chadha(1) had perhaps its greatest impact. The impact is seen in the absence of a legislative veto from the Contract With America Advancement Act of 1996.(2) The Act provides...