Add to ORKGThis Article addresses the quality of the Supreme Court\u27s historical argument in interpreting Section Five of the Fourteenth Amendment in the 1997 case City of Boerne v. Flores. The Boerne Court referred to three historical moments relevant to understanding the meaning of Section Five. Namely, Congress\u27s consideration of an early version of the Fourteenth Amendment in late 1865 and early 1866, the congressional debate on the Fourteenth Amendment from April to June of 1866, and the discussion of the Ku Klux Klan Act in 1871. Ultimately, the Court made several fundamental errors in discussing the history of the ratification of Section Five. The Court\u27s narrow construction of Congress\u27s authority under Section Five can therefore no...
In this Essay, I argue that originalism conflicts with the Supreme Court’s current jurisprudence def...
After the Supreme Court\u27s decision in City of Boerne v. Flores, the Court worked systematically t...
After the Supreme Court\u27s decision in City of Boerne v. Flores, the Court worked systematically t...
This Article addresses the quality of the Supreme Court\u27s historical argument in interpreting Sec...
This Article addresses the quality of the Supreme Court\u27s historical argument in interpreting Sec...
This article argues that the severe limits the Rehnquist Court imposed on Congress’ power to enforce...
Few decisions in American constitutional law have frustrated, inspired, and puzzled more than Katzen...
During the Rehnquist Court, America has witnessed accelerating federal judicial activism on behalf o...
The conventional wisdom is that, in a series of cases beginning with City of Boerne v. Flores, the S...
This essay analyzes the Rehnquist Court’s Section 5 cases by first, in Section I, establishing how t...
In this Essay, I argue that originalism conflicts with the Supreme Court’s current jurisprudence def...
Few decisions in American constitutional law have frustrated, inspired, and puzzled more than Katzen...
In this Essay, I argue that originalism conflicts with the Supreme Court’s current jurisprudence def...
In this Essay, I argue that originalism conflicts with the Supreme Court’s current jurisprudence def...
In this Essay, I argue that originalism conflicts with the Supreme Court’s current jurisprudence def...
In this Essay, I argue that originalism conflicts with the Supreme Court’s current jurisprudence def...
After the Supreme Court\u27s decision in City of Boerne v. Flores, the Court worked systematically t...
After the Supreme Court\u27s decision in City of Boerne v. Flores, the Court worked systematically t...
This Article addresses the quality of the Supreme Court\u27s historical argument in interpreting Sec...
This Article addresses the quality of the Supreme Court\u27s historical argument in interpreting Sec...
This article argues that the severe limits the Rehnquist Court imposed on Congress’ power to enforce...
Few decisions in American constitutional law have frustrated, inspired, and puzzled more than Katzen...
During the Rehnquist Court, America has witnessed accelerating federal judicial activism on behalf o...
The conventional wisdom is that, in a series of cases beginning with City of Boerne v. Flores, the S...
This essay analyzes the Rehnquist Court’s Section 5 cases by first, in Section I, establishing how t...
In this Essay, I argue that originalism conflicts with the Supreme Court’s current jurisprudence def...
Few decisions in American constitutional law have frustrated, inspired, and puzzled more than Katzen...
In this Essay, I argue that originalism conflicts with the Supreme Court’s current jurisprudence def...
In this Essay, I argue that originalism conflicts with the Supreme Court’s current jurisprudence def...
In this Essay, I argue that originalism conflicts with the Supreme Court’s current jurisprudence def...
In this Essay, I argue that originalism conflicts with the Supreme Court’s current jurisprudence def...
After the Supreme Court\u27s decision in City of Boerne v. Flores, the Court worked systematically t...
After the Supreme Court\u27s decision in City of Boerne v. Flores, the Court worked systematically t...