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

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Viewing: 1 - 50 of 5,614 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 11,144
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 9,034
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 8,576
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 6,447
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 5,941
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 5,668
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 4,971
8.

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 4,635
9.

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 4,515
10.

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 4,456
11.

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 4,331
12.

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 4,281
13.

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 4,184
14.

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 4,102
15.

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 3,640
16.

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 3,157
17.

'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 2,996
18.

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 2,764
19.

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 2,763
20.

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 2,726
21.

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 2,696
22.

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 2,577
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 2,464
24.

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 2,455
25.

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 2,379
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 2,273
27.

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 2,240
28.

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 2,238
29.

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 2,146
30.

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 School
Downloads 2,126
31.

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 1,932
32.

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 1,900
33.

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 1,885
34.

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 1,833
35.

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 1,820
36.

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 1,795
37.

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 1,742
38.

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 1,682
39.

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 1,674
40.

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 1,594
41.

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 1,568
42.

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 1,530
43.

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 1,523
44.

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 1,517
45.

The NSA Terrorist Surveillance Program

Harvard Journal on Legislation, Vol. 43, No. 2, p. 517, 2006
Number of pages: 18 Posted: 11 Jun 2007
Accepted Paper Series
Harvard Law School
Downloads 1,513
46.

Commerce Clause Challenges to Health Care Reform (Revised version)

University of Pennsylvania Law Review, Vol. 159, June 2011, Wake Forest Univ. Legal Studies Paper No. 1747189
Number of pages: 48 Posted: 25 Jan 2011 Last Revised: 28 Jun 2011
Accepted Paper Series
Wake Forest University - School of Law
Downloads 1,484
47.

Filburn's Legacy

Emory Law Journal, Vol. 52, p. 1719, 2003, Minnesota Legal Studies Research Paper No. 06-24
Number of pages: 51 Posted: 08 May 2006
Accepted Paper Series
Michigan State University - College of Law
Downloads 1,482
48.

The Evolution of Money: A Story of Constitutional Nullification

University of Cincinnati Law Review, p. 393, 1999
Number of pages: 49 Posted: 18 Dec 2006
Accepted Paper Series
Legal Scholar Academy
Downloads 1,464
49.

The Solicitor General and the Shadow Docket

133 Harv. L. Rev. (Nov. 2019, Forthcoming)
Number of pages: 37 Posted: 16 Jul 2019
Accepted Paper Series
University of Texas School of Law
Downloads 1,464
50.

Varieties of New Legal Realism: Can a New World Order Prompt a New Legal Theory?

Cornell Law Review, Vol. 95, p. 61, 2009, Minnesota Legal Studies Research Paper No. 09-17
Number of pages: 79 Posted: 17 May 2009 Last Revised: 24 Feb 2010
Accepted Paper Series
Georgetown University Law Center and University of California, Irvine School of Law
Downloads 1,458