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U.S. Constitutional Law: Separation of Powers & Federalism eJournal

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Viewing: 1 - 50 of 6,001 papers

1.

Of Coups and the Constitution

University of Tennessee Legal Studies Research Paper No. 294
Number of pages: 38 Posted: 01 Jul 2016 Last Revised: 07 Feb 2017
Working Paper Series
University of Tennessee College of Law
Downloads 11,213
2.

Trump University and Presidential Impeachment

96 Oregon Law Review 57 (2017)
Number of pages: 66 Posted: 21 Sep 2016 Last Revised: 27 Dec 2017
Accepted Paper Series
University of Utah - S.J. Quinney College of Law
Downloads 9,058
3.

Splitsylvania: State Secession and What to Do About It

University of Tennessee Legal Studies Research Paper No. 343
Number of pages: 10 Posted: 06 Mar 2018 Last Revised: 09 Jan 2019
Accepted Paper Series
University of Tennessee College of Law
Downloads 8,629
4.

Gödel’s Loophole

Capital University Law Review, vol. 41 (2013), pp. 637-673
Number of pages: 37 Posted: 23 Feb 2012 Last Revised: 18 Dec 2013
Accepted Paper Series
University of Central Florida
Downloads 7,551
5.

The Subjects of the Constitution

Stanford Law Review, Vol. 62, No. 5, 2010, Georgetown Public Law Research Paper No. 10-25
Number of pages: 85 Posted: 18 May 2010 Last Revised: 25 May 2011
Accepted Paper Series
Georgetown University Law Center
Downloads 6,045
6.

On the Limits of Supremacy: Medical Marijuana and the States' Overlooked Power to Legalize Federal Crime

Vanderbilt Law Review, vol. 62, p. 1421, 2009, Vanderbilt Public Law Research Paper No. 09-05
Number of pages: 63 Posted: 11 Mar 2009 Last Revised: 09 Jun 2011
Working Paper Series
Vanderbilt University - Law School
Downloads 5,700
7.

How to Lose a Constitutional Democracy

UCLA Law Review, Vol. 65, Forthcoming, U of Chicago, Public Law Working Paper No. 642
Number of pages: 78 Posted: 20 Jan 2017 Last Revised: 14 Dec 2017
Accepted Paper Series
University of Chicago - Law School and University of Chicago Law School
Downloads 5,228
8.

How to Save the Supreme Court

129 Yale Law Journal 148 (2019), Vanderbilt Law Research Paper 18-65, Washington University in St. Louis Legal Studies Research Paper
Number of pages: 59 Posted: 27 Nov 2018 Last Revised: 31 Oct 2019
Accepted Paper Series
Washington University in St. Louis - School of Law and Vanderbilt Law School
Downloads 4,948
9.

Identifying and Minimizing the Risk of Election Subversion and Stolen Elections in the Contemporary United States

Harvard Law Review Forum, forthcoming 2022, UC Irvine School of Law Research Paper No. 2021-50
Number of pages: 33 Posted: 20 Sep 2021 Last Revised: 08 Oct 2021
Accepted Paper Series
University of California, Irvine School of Law
Downloads 4,814
10.

Opinion on the Constitutionality of Robert Mueller's Appointment

Northwestern Public Law Research Paper No. 18-14
Number of pages: 21 Posted: 25 May 2018 Last Revised: 19 Jun 2018
Working Paper Series
Downloads 4,675
11.

Presidential Obstruction of Justice

106 California Law Review 1277 (2018), U of Chicago, Public Law Working Paper No. 647
Number of pages: 59 Posted: 21 Jul 2017 Last Revised: 09 Jan 2019
Accepted Paper Series
University of Chicago - Law School and University of Chicago - Law School
Downloads 4,588
12.

Constitutionalism: A Skeptical View

NYU School of Law, Public Law Research Paper No. 10-87
Number of pages: 46 Posted: 11 Dec 2010 Last Revised: 05 May 2012
Accepted Paper Series
New York University School of Law
Downloads 4,499
13.

Congressional Control of Presidential Pardons

Nevada Law Journal Forum, Vol. 2, Winter 2018, University of Tennessee Legal Studies Research Paper No. 332
Number of pages: 7 Posted: 28 Aug 2017 Last Revised: 02 May 2018
Accepted Paper Series
University of Tennessee College of Law
Downloads 4,475
14.

Divine Operating System

Tennessee Law Review, Vol. 78, p. 651, 2011, University of Tennessee Legal Studies Research Paper No. 155
Number of pages: 12 Posted: 12 Jun 2011 Last Revised: 08 Sep 2011
Working Paper Series
University of Tennessee College of Law
Downloads 4,291
15.

Commandeering the People: Why the Individual Health Insurance Mandate is Unconstitutional

NYU Journal of Law & Liberty, Vol. 5, 2010, Georgetown Public Law Research Paper No. 10-58
Number of pages: 58 Posted: 22 Sep 2010 Last Revised: 16 Feb 2011
Accepted Paper Series
Georgetown University Law Center
Downloads 4,121
16.

National Federation of Independent Business v. Sebelius: Five Takes

Number of pages: 21 Posted: 22 Aug 2012
Working Paper Series
University of Tennessee College of Law and Samford University - Cumberland School of Law

Multiple version iconThere are 2 versions of this paper

Downloads 3,662
17.

Democratizing the Supreme Court

California Law Review, Forthcoming
Number of pages: 71 Posted: 03 Nov 2020
Accepted Paper Series
University of Chicago - Law School and Yale University
Downloads 3,615
18.

The CIA and Targeted Killings Beyond Borders

Harvard National Security Journal, Forthcoming, NYU School of Law, Public Law Research Paper No. 11-64
Number of pages: 118 Posted: 18 Sep 2011 Last Revised: 20 Sep 2011
Accepted Paper Series
New York University School of Law
Downloads 3,287
19.

Delegation at the Founding

Columbia Law Review, Forthcoming, U of Michigan Public Law Research Paper No. 658
Number of pages: 120 Posted: 04 Feb 2020 Last Revised: 09 Dec 2020
Accepted Paper Series
University of Michigan Law School and University of Michigan Law School
Downloads 3,181
20.

'No' Review of Philip Hamburger, 'Is Administrative Law Unlawful?'

Texas Law Review, Forthcoming, Harvard Public Law Working Paper No. 14-34
Number of pages: 24 Posted: 29 Aug 2014 Last Revised: 04 Dec 2014
Accepted Paper Series
Harvard Law School
Downloads 3,136
21.

Knowledge About Ignorance: New Directions in the Study of Political Information

Critical Review, Vol. 18, Nos. 1-3, pp. 255-278, 2006 (Symposium on Political Knowledge), George Mason Law & Economics Research Paper No. 06-30
Number of pages: 25 Posted: 14 Jul 2006 Last Revised: 10 Apr 2011
Accepted Paper Series
George Mason University - Antonin Scalia Law School, Faculty
Downloads 2,804
22.

The System of Foreign Intelligence Surveillance Law

72 George Washington Law Review 1306 (2004), Ohio State Public Law Working Paper No. 18, Georgia Tech Scheller College of Business Research Paper No. 2015-18
Number of pages: 69 Posted: 06 Sep 2004 Last Revised: 26 May 2017
Accepted Paper Series
Georgia Institute of Technology - Scheller College of Business
Downloads 2,781
23.

Executive Underreach, in Pandemics and Otherwise

American Journal of International Law, Vol. 114, pp. 608-17, 2020
Number of pages: 10 Posted: 23 Jul 2020 Last Revised: 21 Oct 2020
Accepted Paper Series
Columbia University - Law School and Princeton School of Public and International Affairs, Princeton University
Downloads 2,722
24.

Why Senator John McCain Cannot Be President: Eleven Months and a Hundred Yards Short of Citizenship

Michigan Law Review First Impressions, Vol. 107, No. 1, 2008, Arizona Legal Studies Discussion Paper No. 08-14
Number of pages: 62 Posted: 11 Jul 2008 Last Revised: 17 Nov 2008
Accepted Paper Series
University of California, Davis - School of Law
Downloads 2,713
25.

The Origins of Judicial Review

Number of pages: 90 Posted: 11 Aug 2003
Accepted Paper Series
University of California at Berkeley School of Law and University of Virginia School of Law
Downloads 2,651
26.

Why We Need More Judicial Activism

Constitutionalism, Executive Power, and Popular Enlightenment, 2014 Forthcoming, Vanderbilt Public Law Research Paper No. 13-3
Number of pages: 21 Posted: 08 Feb 2013
Accepted Paper Series
Vanderbilt University - Law School
Downloads 2,483
27.

Who Can Be President of the United States?: Candidate Hillary Clinton and the Problem of Statutory Qualifications

5(1) Br. J. Am. Leg. Studies 95-121 (2016) (peer reviewed)
Number of pages: 28 Posted: 29 Oct 2015 Last Revised: 09 May 2016
Accepted Paper Series
National University of Ireland, Maynooth (NUI Maynooth) - Faculty of Law
Downloads 2,480
28.

The Irrepressible Myth of Jacobson v. Massachusetts

Buffalo Law Review Vol. 70, No. __
Number of pages: 107 Posted: 23 Sep 2021 Last Revised: 24 Sep 2021
Accepted Paper Series
South Texas College of Law Houston
Downloads 2,416
29.

The Story of Wickard v. Filburn: Agriculture, Aggregation, and Commerce

CONSTITUTIONAL LAW STORIES, Michael C. Dorf, ed., 2d ed., Foundation Press, 2008, University of Louisville School of Law Legal Studies Research Paper Series No. 2008-40
Number of pages: 38 Posted: 17 Sep 2008 Last Revised: 23 Sep 2008
Accepted Paper Series
Michigan State University - College of Law
Downloads 2,398
30.

Article II Vests Executive Power, Not the Royal Prerogative

119 Colum. L. Rev. 1169 (2019)
Number of pages: 99 Posted: 11 Feb 2019 Last Revised: 12 Jul 2019
Accepted Paper Series
University of Michigan Law School
Downloads 2,310
31.

The Constitutional Case for the Impeachability of Former Federal Officials: An Analysis of the Law, History, and Practice of Late Impeachment

Texas Review of Law and Politics, Vol. 6
Number of pages: 68 Posted: 24 Oct 2001
Accepted Paper Series
Michigan State University College of Law
Downloads 2,266
32.

Federal Rules of Statutory Interpretation

Harvard Law Review, Vol. 115, p. 2085, 2002
Number of pages: 75 Posted: 23 Jun 2005
Accepted Paper Series
Georgetown University Law Center
Downloads 2,253
33.

Drone Federalism: Civilian Drones and the Things They Carry

4 California Law Review Circuit 57 (2013)
Number of pages: 18 Posted: 28 Apr 2013 Last Revised: 29 Mar 2014
Accepted Paper Series
University of Colorado Law SchoolYale University - Yale Information Society Project
Downloads 2,157
34.

Structural Biases in Structural Constitutional Law

New York University Law Review, Forthcoming, Columbia Public Law Research Paper No. 14-690
Number of pages: 61 Posted: 04 Mar 2021 Last Revised: 17 Nov 2021
Accepted Paper Series
University of California, Berkeley - School of Law and Columbia University - Law School
Downloads 1,951
35.

Are Administrative Patent Judges Unconstitutional?

GWU Legal Studies Research Paper No. 419, GWU Law School Public Law Research Paper No. 419
Number of pages: 12 Posted: 06 May 2008
Working Paper Series
University of Virginia School of Law
Downloads 1,947
36.

An Analysis of Two Federal Structures: The Articles of Confederation and the Constitution

San Diego Law Review, Vol. 34, p. 249, 1997
Number of pages: 95 Posted: 10 Aug 2005
Accepted Paper Series
Kirkland & Ellis LLP
Downloads 1,918
37.

Executing the Treaty Power

Harvard Law Review, Vol. 118, p. 1867, 2005, Georgetown Public Law Research Paper No. 747724
Number of pages: 74 Posted: 23 Jun 2005 Last Revised: 03 Oct 2014
Accepted Paper Series
Georgetown University Law Center
Downloads 1,910
38.

The Lawfulness of Health-Care Reform

Yale Law School, Public Law Working Paper No. 228
Number of pages: 30 Posted: 03 Jun 2011 Last Revised: 19 Jun 2011
Working Paper Series
Yale Law School
Downloads 1,852
39.

Vermeule Unbound

Texas Law Review, Forthcoming, Columbia Public Law Research Paper No. 14-488
Number of pages: 26 Posted: 17 Nov 2015 Last Revised: 22 Feb 2017
Accepted Paper Series
Columbia University - Law School
Downloads 1,838
40.

The Obama Administration, the Dream Act and the Take Care Clause

Texas Law Review, Vol. 91, No. 4, 2013, U of St. Thomas Legal Studies Research Paper No. 12-27, UC Berkeley Public Law Research Paper No. 2144031
Number of pages: 57 Posted: 10 Sep 2012 Last Revised: 09 Oct 2012
Working Paper Series
University of California at Berkeley School of Law and University of St. Thomas School of Law (Minnesota)
Downloads 1,836
41.

Ex Parte Merryman: Myth, History, and Scholarship

224 Military Law Review 481 (2016)
Number of pages: 60 Posted: 20 Aug 2015 Last Revised: 30 Mar 2017
Accepted Paper Series
National University of Ireland, Maynooth (NUI Maynooth) - Faculty of Law
Downloads 1,827
42.

Faithful Execution and Article II

132 Harvard Law Review 2111 (2019) , Fordham Law Legal Studies Research Paper No. 3260593
Number of pages: 82 Posted: 08 Oct 2018 Last Revised: 11 Jun 2019
Accepted Paper Series
Fordham University School of Law, Fordham University School of Law and Fordham Law School
Downloads 1,800
43.

The Writ-of-Erasure Fallacy

104 Va. L. Rev. 933 (2018)
Number of pages: 87 Posted: 25 Apr 2018 Last Revised: 19 Oct 2018
Accepted Paper Series
Mitchell Law PLLC
Downloads 1,782
44.

Can the President Control the Department of Justice?

Alabama Law Review, Forthcoming, Fordham Law Legal Studies Research Paper
Number of pages: 75 Posted: 20 Feb 2018 Last Revised: 09 Nov 2018
Accepted Paper Series
New York Law School and Fordham University School of Law
Downloads 1,744
45.

The Anti-Corruption Principle

Cornell Law Review, Vol. 94, No. 341, 2009
Number of pages: 74 Posted: 04 Mar 2009 Last Revised: 18 Oct 2011
Accepted Paper Series
Fordham University School of Law
Downloads 1,710
46.

Separation of Powers or Division of Power?

NYU School of Law, Public Law Research Paper No. 12-20
Number of pages: 34 Posted: 24 Apr 2012 Last Revised: 09 May 2012
Working Paper Series
New York University School of Law
Downloads 1,656
47.

The Objects of the Constitution

Stanford Law Review, Vol. 63, No. 5, 2011, Georgetown Public Law Research Paper No. 11-49
Number of pages: 67 Posted: 20 May 2011
Accepted Paper Series
Georgetown University Law Center
Downloads 1,641
48.

The Processes of Constitutional Change: From Partisan Entrenchment to the National Surveillance State

Fordham Law Review, Vol. 75, No. 2, 2006, Yale Law School, Public Law Working Paper No. 120
Number of pages: 46 Posted: 17 Sep 2006
Accepted Paper Series
Yale University - Law School and University of Texas Law School
Downloads 1,558
49.

High Federalism: Marijuana Legalization and the Limits of Federal Power to Regulate States

Cardozo Law Review, Vol. 35, No. 567, 2013, Univ. of Wisconsin Legal Studies Research Paper No. 1222
Number of pages: 76 Posted: 23 Mar 2013 Last Revised: 21 Jan 2014
Accepted Paper Series
University of Wisconsin Law School
Downloads 1,551
50.

War, Responsibility, and the Age of Terrorism

Number of pages: 31 Posted: 10 Jan 2005
Accepted Paper Series
University of California at Berkeley School of Law
Downloads 1,544