McCulloch v. Maryland

Without Deference: The Courts Must Independently Interpret the 14th Amendment

Print Friendly

In most circumstances, the Constitution does not oblige the courts to give any deference to the legal judgments made by legislative or executive actors in the performance of their legislative or executive functions. The enforcement powers of the Reconstruction amendments

The Fallacies of Marshallian Nationalism

Print Friendly
The Fallacies of States' rights

In this spirited polemic, Prof. Sotirios Barber defends the American nationalist constitutional tradition, particularly the thought of John Marshall, from the attacks of both states’ rights advocates (who he calls “dual federalists) and process federalists, those who believe national power

The Emancipation Proclamation:  Abraham Lincoln’s Constitutionally Modest Proposal

The Emancipation Proclamation: Abraham Lincoln’s Constitutionally Modest Proposal

Print Friendly

On July 22, 1862 President Abraham Lincoln presented a plan to his cabinet to issue a proclamation emancipating slaves in all states that remained in rebellion as of January 1, 1863. At the urging of Secretary of State William Seward

Responses