Constitutional Commentary

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

Articles from Vol. 23, No. 2, Summer

Compelled Speech
At Christmas, I, a lapsed Jew, attended mass with my wife, a devout Catholic, as I usually do. And, as usual, I stood when the congregation stood but did not kneel when the congregation knelt. When the congregation recited the Nicene Creed, I remained...
Constitutional Curiosities: A Twenty-One Question Scavenger Hunt
This exercise is intended to make reading the Constitution a little livelier. All answers to the questions below may be had by consulting the text of the United States Constitution. 1. Of which state are you a citizen? 2. Are you eligible for...
Fundamentally Wrong about Fundamental Rights
INTRODUCTION If there is one phrase that every student of constitutional law learns, it is that fundamental rights trigger strict scrutiny. As Justice William Brennan Jr. wrote, "a government practice or statute which restricts 'fundamental rights'...
Hamdan V. Rumsfeld: The Functional Case for Foreign Affairs Deference to the Executive Branch
Handed down on the last day of the 2005 Term, the Supreme Court's decision in Hamdan v. Rumsfeld (1) was the most eagerly anticipated decision of the year. The Court's decision garnered banner headline treatment in The New York Times and Washington...
Justice Iredell, Choice of Law, and the Constitution - a Neglected Encounter
I. INTRODUCTION In cases governed by state law, federal courts are supposed to apply state law consistent with the state courts' elaboration of it. So says the Rules of Decision Act--originally section 34 of the 1789 Judiciary Act (1)--at least...
"Modest Expectations"?: Civic Unity, Religious Pluralism, and Conscience
DIVIDED BY GOD: AMERICA'S CHURCH-STATE PROBLEM--AND WHAT WE SHOULD DO ABOUT IT. By Noah Feldman. (1) Farrar, Straus & Giroux. 2005. Pp. 306. $25.00. THE RIGHT TO BE WRONG: ENDING THE CULTURE WAR OVER RELIGION IN AMERICA. By Kevin Seamus Hasson....