With one exception, the provisions of the United States Constitution, including its amendments, apply to branches, departments, agencies, and officials of government and not to private individuals, groups, or organizations. (The exception is the Thirteenth Amendment, which simply outlaws slavery in the United States and its territories.) The primary, if not sole, purpose of any constitution is to create, organize, empower, and limit a government, and to the extent that private persons/groups/organizations need to be aided or controlled, a government, once formed by a constitution, can do that through statutes and other kinds of civil laws. If, moreover, the provisions in the U.S. Constitution that restrict the government were interpreted as...
The U.S. Constitution requires federal agencies to comply with separation-of-powers (or structural) ...
Since the nineteenth century, most states have had constitutional clauses prohibiting “special laws....
The state action doctrine is notoriously confusing and contradictory. It is also a weak mechanism fo...
On conventional accounts, the state action doctrine is dichotomous. When the government acts, consti...
Part of the Symposium on the State Action Doctrine. Presented to the Section on Constitutional Law a...
The state action doctrine is a mess. Explanations for why federal courts sometimes treat the private...
Something surprising happened in the 2013 marriage equality cases that did not involve striking down...
Something surprising happened in the 2013 marriage equality cases that did not involve striking down...
Deriding the state action doctrine is one of the great pastimes of American constitutional law. It h...
Part of the Symposium on the State Action Doctrine. Presented to the Section on Constitutional Law a...
We have recently been reminded that one of the current and recurrent quandaries of the Supreme Court...
As a general matter, the Constitution limits the government but not the private sector. Known as the...
There is only one circumstance, as I read the Constitution, which authorizes the federal government ...
This Article revisits the state action doctrine, a judicial invention that shields “private” or “non...
America is its Constitution. In a recent string of decisions invalidating federal civil rights legi...
The U.S. Constitution requires federal agencies to comply with separation-of-powers (or structural) ...
Since the nineteenth century, most states have had constitutional clauses prohibiting “special laws....
The state action doctrine is notoriously confusing and contradictory. It is also a weak mechanism fo...
On conventional accounts, the state action doctrine is dichotomous. When the government acts, consti...
Part of the Symposium on the State Action Doctrine. Presented to the Section on Constitutional Law a...
The state action doctrine is a mess. Explanations for why federal courts sometimes treat the private...
Something surprising happened in the 2013 marriage equality cases that did not involve striking down...
Something surprising happened in the 2013 marriage equality cases that did not involve striking down...
Deriding the state action doctrine is one of the great pastimes of American constitutional law. It h...
Part of the Symposium on the State Action Doctrine. Presented to the Section on Constitutional Law a...
We have recently been reminded that one of the current and recurrent quandaries of the Supreme Court...
As a general matter, the Constitution limits the government but not the private sector. Known as the...
There is only one circumstance, as I read the Constitution, which authorizes the federal government ...
This Article revisits the state action doctrine, a judicial invention that shields “private” or “non...
America is its Constitution. In a recent string of decisions invalidating federal civil rights legi...
The U.S. Constitution requires federal agencies to comply with separation-of-powers (or structural) ...
Since the nineteenth century, most states have had constitutional clauses prohibiting “special laws....
The state action doctrine is notoriously confusing and contradictory. It is also a weak mechanism fo...