Constitutional Commentary

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

Articles from Vol. 19, No. 1, Spring

Executive Power in Youngstown's Shadows
INTRODUCTION "We can hardly expect that the lasting outgrowth of the steel controversy will be the Youngstown case." (1) This projection captures the sentiment of much of the early academic commentary (2) on the Supreme Court's decision invalidating...
Military Tribunals and Legal Culture: What a Difference Sixty Years Makes
President Bush's Military Order of November 13, 2001 established a legal framework to enable military commissions to try terrorists associated with the attacks of September 11, 2001 on Washington, DC, and New York City. (1) This Military Order was...
The Price of Experience: The Constitution after September 11, 2001
What is the price of experience? Do men buy it for a song? Or wisdom for a dance in the street? No, it is bought with the price Of all a man hath, his house, his wife, his children. Wisdom is sold in the desolate market where none come...
The Steel Seizure Case and Inherent Presidential Power
The historic American debate on the nature and scope of executive authority, punctuated and dramatized by the renowned eighteenth-century exchange between James Madison and Alexander Hamilton, (2) and spiked in our time by sweeping assertions of...
The Steel Seizure Case: One of a Kind? (Youngstown at Fifty: A Symposium)
By confronting President Harry Truman and striking down his effort to seize the steel mills needed to prosecute the Korean War, (1) the Supreme Court adhered to its longstanding practice of accepting and deciding cases dealing with the war power....
Youngstown Goes to War
I. THE ENDURING SIGNIFICANCE OF YOUNGSTOWN In the spring of 2001--before the war came--the student editors of the Minnesota Law Review were casting about ideas for a symposium topic for 2002. I suggested an issue commemorating the fiftieth anniversary...
Youngstown: Pages from the Book of Disquietude
This essay is dedicated to Lloyd N. Cutler INTRODUCTION The Youngstown holding is widely admired. One reads with pride those passages in which the Supreme Court denies to a president with whom they are in considerable political sympathy the...