A rhetoric for ratification: the argument of 'The Federalist' and its impact on constitutional interpretation. From: Duke Law Journal | Date: November 1, 2006| Author: Coenen, Dan T. | COPYRIGHT 2006 Duke University, School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group.Copyright information

ABSTRACT

Courts, lawyers, and scholars have long assumed that The Federalist Papers supply important information for use in constitutional argument and interpretation. In recent years, commentators have questioned this view. Their skepticism grows out of two major concerns. First, Justice Scalia's challenge to the use of legislative history in the statutory context casts a cloud over judicial use of background texts such as The Federalist in seeking the meaning of the Co...

Related newspaper, magazine, and journal articles from HighBeam Research

	Southern character, confederate nationalism, and the interpretation of state constitutions: A case study in constitutional argument Texas Law Review ; ... nationalism, as we have seen, was of the latter sort. Its proponents appealed for allegiance to a new nation defined ... religious differences as well.341 In these respects, the strongest form of Southern nationalism closely resembled the kind of Romantic, ethnicity-centered nationalisms of ...
	The President's Authority over Foreign Affairs: An Essay in Constitutional Interpretation.(Book Review) Constitutional Commentary ; ... odds over the scope of ... members of the Constitutional Convention ... participants in the ratification debate, no ... existed even on the basic question ... source of constitutional controversy ... branches. In Federalist 37, he said ... certainty, its three ...
	Causes of the recent turn in constitutional interpretation. Duke Law Journal ; ... that big companies, political parties, the news media, and political lobbyists all exert ... poll, it was 340/0; (189) in a 2001 CBS News poll, 27%. (190) Not even terrorist attacks ... Editorial, End of the Beginning, L.A. DAILY NEWS, Apr. 10, 1995, available at 1995 WL 5399780 ...
	The duality of federalist nation-building: two strains of Chinese immigration cases revisited. Albany Law Review ; ... Bosniak, supra note 11, at 979 (stating that aliens have certain rights under the Constitution and within domestic courts). (285) See id. at 961 (stating that even within the internal relations, the application of such regulations have differed). (286) See generally GIORGIO ... SOVEREIGN POWER AND BARE ...
	Recovering American administrative law: federalist foundations, 1787-1801. Yale Law Journal ; ... JULIUS GOEBEL, JR., ANTECEDENTS AND BEGINNINGS TO 1801, at 490 (The Oliver Wendell Holmes Devise, History of the Supreme Court of the United States, Vol. 1, 1971) ; Charles Warren, New Light on the History of the Federal Judiciary Act of 1789, 37 HARV. L. REV. 49, 108-09 (1923). How or why ...
	When constitutional worlds collide: resurrecting the Framers' Bill of Rights and criminal procedure. Michigan Law Review ; ... Government. ). (187.) JAMES, RATIFICATION, supra note 132, at 100-01. (188.) Id. at 176 (paraphrasing the Maryland Senate Journal ... 1866). James' citation is to the May 21, 1866, edition of the Herald, but this must be a ... supra note 132, at 135 (citing THE N.Y. HERALD, May 24, 1866 ... 226, ...
	Original meaning and constitutional redemption. (response to articles in this issue, p. 353, 371, 383, 405, 417) Constitutional Commentary ; ... 1996); Michael J. Klarman, Brown, Originalism, and Constitutional Theory: A Response to Professor McConnell, 81 VA ... 1885-94 (1995). (68.) McConnell, Originalism and the Desegregation Decisions, supra note 65, at 953. The Civil Rights Act of 1875 was struck down in the Civil Rights Cases, 109 U.S ... .
	Eldred and Lochner: copyright term extension and intellectual property as constitutional property.(Eldred v. Ashcroft, Lochner v. New York) Yale Law Journal ; ... McCullagh, White House Cool to Hollings' Act, WIRED NEWS, Apr. 27, 2002, at http://www.wired.com/news/politics/0,1283,52145,00.html. (395.) Jonathan ... remains to be seen if this deal will hold. See ABC News, A Fragile Balance: Tension Between Security ...
	The Second Amendment: structure, history, and constitutional change. Michigan Law Review ; ... considered material to the right to bear arms. Second, the Pennsylvania proposal ... prohibited disarming either the people or any of them ; by contrast, the Second Amendment speaks only of the people in their collective ... Saul Cornell argues that the Pennsylvanians ...
	Toward a new constitutional anatomy. Stanford Law Review ; ... read to give executive and judicial power to the Senate and legislative power to the President). This was, of course, a complaint of the Antifederalists and, as such, was well known ... supra note 26, at 1175-76 (assuming that the vesting clauses of Articles II and III strongly ... functional division ...

See all results.