208 research outputs found
Foreword: Equality, the Elusive Value
In America there has been a special tension, indeed a tragic tension not resolved, between the ideals of equality of opportunity and individualism and the reality of black slavery and its aftermath
Article V: The Comatose Article of Our Living Constitution?
Capacity for steady--even startling-development and relative incapacity for formal change, are twin features of American constitutionalism often noticed but seldom analyzed conjointly. Even the most stalwart supporters of the status quo do not want an unamendable Constitution, but disagreement as to how change should be effected, and the scope of it, runs deep. Indeed, this is the central problem of Marbury v. Madison. That case was the effective innovator of judicial review, our real system for developmental constitutionalism. Interestingly, it also was one of the quite rare instances when a seemingly simple constitutional text was at issue (scope of Supreme Court original jurisdiction), one readily susceptible of formal amendment without raising larger issues of structure or policy for the rest of our public law system
Supreme Court and Equality Legislative Classifications Desegregation and Reverse Discrimination
The \u3cem\u3eGriswold\u3c/em\u3e Penumbra: Constitutional Charter for an Expanded Law of Privacy?
The comments that follow are divided into a brief review, for purposes of perspective, of the elusive nature of privacy as developed in American law to date, and an attempted rigorous analysis of the privacy aspects of Griswold. A final section suggests that effectuation of the new constitutional right of marital privacy necessarily or derivatively implies a corollary right of access to birth control information and devices-a right which should have been more clearly articulated by the Court
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