5,465 research outputs found
Toward Increased Judicial Activism: The Political Role of the Supreme Court
Get PDFA Review of Toward Increased Judicial Activism: The Political Role of the Supreme Court by Arthur Selwyn Mille
The Foreign Intelligence Surveillance Act: Legislating a Judicial Role in National Security Surveillance
Get PDFThis Note evaluates the constitutionality of the Foreign Intelligence Surveillance Act. Section I summarizes the legal history of national security surveillance from 1940 until the passage of the FISA, and briefly discusses the three major circuit court rulings on warrantless foreign intelligence surveillance. Section II describes the provisions of the Act. Section III examines the Act\u27s constitutionality, first considering the scope of congressional authority to regulate the conduct of foreign affairs, then considering whether the political question doctrine prevents judicial scrutiny of executive decisions to conduct foreign intelligence surveillance. The Note concludes that the FISA is an appropriate and constitutional exercise of congressional authority to accommodate presidential power and fourth amendment rights, and that the political question doctrine does not bar judicial review of executive foreign intelligence surveillance requests
State and Local Limitations on Ballot Measure Contributions
Get PDFThis Note\u27s thesis is that ballot measure limitations unconstitutionally infringe upon the rights of free speech and association. Part I analyzes Buckley and concludes that the CARC court misapplied its distinction between contributions and direct expenditures. Part II tests ballot measure limitations against Buckley\u27s exacting scrutiny standard. It identifies the state interests asserted in defense of ballot measure limitations - lessening abuse by narrow interest groups, reducing apathy, and equalizing political expression - and concludes that ballot measure limitations do not permissibly further these governmental interests
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