Distinguishing permissible preemption from unconstitutional commandeering

EA Hartnett - Notre Dame L. Rev., 2020 - HeinOnline
For years, the preemption doctrine and the anticommandeering doc-trine lived in an uneasy
tension, with each threatening to consume the other. On the one hand, preemption permits …

Constitutional Law of Constitutional Amendment

ES Corwin, ML Ramsey - Notre Dame Law., 1950 - HeinOnline
DURING the five year period following VJ Day, more than 150 resolutions were introduced
in Congress calling for the amendment of the Federal Constitution. In 1947, an amendment …

Comment on Cases

M COURTS - HeinOnline
ORITY OF SUCCESSIVE, ASSIGNEES-Modern business transactions could not be successfully
effected without the aid of free and flex-ible credit. To meet this increasing demand for …

[PDF][PDF] Homesteads--Involuntary Confinement in Asylum or Penitentiary as Constituting an Abandonment

ST Bladek - Kentucky Law Journal - uknowledge.uky.edu
368 KENTUCKY LAW JOUNAL tions would seem to be those committed to other than judicial
organs of government, not in terms excluding judicial control, but with respect to issues so …

Article V Constitutional Conventions: A Primer

SR Ellis, YZ Malik, HG Parker, BC Signer - Tenn. L. Rev., 2010 - HeinOnline
The Congress, whenever two thirds of both houses shall deem it necessary, shall propose
amendments to this Constitution, or, on the application of the legislatures of two thirds of the …

Clarifying the Amending Process

NT Dowling - Wash. & Lee L. Rev., 1939 - HeinOnline
In a decision'accompanied by a series of opinions last Term, the Supreme Court put a new
complexion on the legal features of the process of amending the Constitution. Hitherto the …

Substantive Content of Constitutional Amendments: Political Question or Justiciable Concern

M Haddad - Wayne L. Rev., 1995 - HeinOnline
The right to amend the United States Constitution is a power expressly reserved to the
legislature in Article V of the Constitution. 1 In Coleman v. Miller, 2 the Supreme Court of the …

Adventures in the Article V Wonderland: Justiciability and Legal Sufficiency of the ERA Ratifications

DC Wright - UC Irvine L. Rev., 2021 - HeinOnline
This Article examines the paradoxical world of Article V-the amending power of the
Constitution-in light of the recent ratification of the Equal Rights Amendment (ERA). It explores the …

The Federal Amending Power: Genesis and Justificability

LB Orfield - Minn. L. Rev., 1929 - HeinOnline
Genesis of Article Five'The idea of amending the organic instrument of a state is peculiarly
American. Although many of our political and legal institutions take their origin from English …

The Justiciability of Congressional-Plaintiff Suits

J Wagner - Columbia Law Review, 1982 - JSTOR
Over the past few years a number of congressmen have attempted to vindicate their rights as
individual legislators by bringing suit against the executive branch.'These actions have met …