GlimmerGlass Volume 74 Number 03 (2014)

Official Student Newspaper Issue is 16 pages long

Taking Precedents in the Tidelands: Refocusing on Eminent Domain

The focus of this article is on the state\u27s power of eminent domain as a means of controlling the use of scarce coastal resources. However, in order to determine whether this rather drastic exercise of governmental power is the most appropriate means of effecting its purposes, the state or its delegate must consider the alternatives. This article therefore will first examine briefly other possible means of control; it will then discuss the substantive and procedural requirements of eminent domain; and finally, it will consider problems of post-acquisition resource management

Treaty-Making and the Nation: The Historical Foundations of the Nationalist Conception of the Treaty Power

Characteristic of the most enduring constitutional controversies is a clash between fundamental but ultimately irreconcilable principles. Unable to synthesize opposing precepts, we visit and revisit certain issues in an endless cycle. Each generation marches forward heedless, and sometimes only dimly aware, of how many times the battle has already been fought. Even the peace of exhaustion achieves only a temporary respite. The abiding controversy over the relationship between the treaty power of the national government and the legislative powers of the states is paradigmatic in this respect. Beginning as early as in the first debate over ratification of the Articles of Confederation in the Virginia state legislature in 1777 - recurring time and time again throughout the Eighteenth, Nineteenth, and early Twentieth centuries, building to a climax in the Supreme Court\u27s famous 1920 decision Missouri v. Holland, continuing in the 1950s with the Bricker Amendment controversy, and reemerging as recently as last year in an article published in this Review - the issue has been among the most passionately disputed questions in our constitutional history. Although temporarily in hibernation, it threatens presently to break out again into full-blown conflict