Why Equal Protection No Longer Protects: the Evolving Forms of Status-Enforcing State Action Reva Siegel*
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The Takings Jurisprudence of the Warren Court: a Constitutional Siesta
University of Chicago Law School Chicago Unbound Journal Articles Faculty Scholarship 1996 The Takings Jurisprudence of the Warren Court: A Constitutional Siesta Richard A. Epstein Follow this and additional works at: https://chicagounbound.uchicago.edu/journal_articles Part of the Law Commons Recommended Citation Richard A. Epstein, "The Takings Jurisprudence of the Warren Court: A Constitutional Siesta," 31 Tulsa Law Journal 643 (1996). This Article is brought to you for free and open access by the Faculty Scholarship at Chicago Unbound. It has been accepted for inclusion in Journal Articles by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. TULSA LAW JOURNAL Volume 31 Summer 1996 Number 4 THE TAKINGS JURISPRUDENCE OF THE WARREN COURT: A CONSTITUTIONAL SIESTA* Richard A. Epsteint I. EBB TIDE FOR PROPERTY RIGHTS ...................... 644 II. A CRITIQUE OF THE WARREN COURT DECISIONS ...... 650 A. The Prima Facie Case: A Taking of Private Property ............................................ 651 1. Water ........................................... 651 2. Overflight Easements ........................... 656 3. Lien Rights ..................................... 658 B. General Regulations................................. 660 1. Prohibition on Use ............................. 660 2. Contract Regulation ............................ 662 3. Rate of Return Regulation ..................... 664 4. Civil Rights Cases .............................. 666 III. POLICE POWER JUSTIFICATIONS -
H.Doc. 108-224 Black Americans in Congress 1870-2007
“The Negroes’ Temporary Farewell” JIM CROW AND THE EXCLUSION OF AFRICAN AMERICANS FROM CONGRESS, 1887–1929 On December 5, 1887, for the first time in almost two decades, Congress convened without an African-American Member. “All the men who stood up in awkward squads to be sworn in on Monday had white faces,” noted a correspondent for the Philadelphia Record of the Members who took the oath of office on the House Floor. “The negro is not only out of Congress, he is practically out of politics.”1 Though three black men served in the next Congress (51st, 1889–1891), the number of African Americans serving on Capitol Hill diminished significantly as the congressional focus on racial equality faded. Only five African Americans were elected to the House in the next decade: Henry Cheatham and George White of North Carolina, Thomas Miller and George Murray of South Carolina, and John M. Langston of Virginia. But despite their isolation, these men sought to represent the interests of all African Americans. Like their predecessors, they confronted violent and contested elections, difficulty procuring desirable committee assignments, and an inability to pass their legislative initiatives. Moreover, these black Members faced further impediments in the form of legalized segregation and disfranchisement, general disinterest in progressive racial legislation, and the increasing power of southern conservatives in Congress. John M. Langston took his seat in Congress after contesting the election results in his district. One of the first African Americans in the nation elected to public office, he was clerk of the Brownhelm (Ohio) Townshipn i 1855. -
Nondelegation and the Unitary Executive
NONDELEGATION AND THE UNITARY EXECUTIVE Douglas H. Ginsburg∗ Steven Menashi∗∗ Americans have always mistrusted executive power, but only re- cently has “the unitary executive” emerged as the bogeyman of Amer- ican politics. According to popular accounts, the idea of the unitary executive is one of “presidential dictatorship”1 that promises not only “a dramatic expansion of the chief executive’s powers”2 but also “a minimum of legislative or judicial oversight”3 for an American Presi- dent to exercise “essentially limitless power”4 and thereby to “destroy the balance of power shared by our three co-equal branches of gov- ernment.”5 Readers of the daily press are led to conclude the very notion of a unitary executive is a demonic modern invention of po- litical conservatives,6 “a marginal constitutional theory” invented by Professor John Yoo at UC Berkeley,7 or a bald-faced power grab con- jured up by the administration of George W. Bush,8 including, most ∗ Circuit Judge, U.S. Court of Appeals for the District of Columbia Circuit. ∗∗ Olin/Searle Fellow, Georgetown University Law Center. The authors thank Richard Ep- stein and Jeremy Rabkin for helpful comments on an earlier draft. 1 John E. Finn, Opinion, Enumerating Absolute Power? Who Needs the Rest of the Constitution?, HARTFORD COURANT, Apr. 6, 2008, at C1. 2 Tim Rutten, Book Review, Lincoln, As Defined by War, L.A. TIMES, Oct. 29, 2008, at E1. 3 Editorial, Executive Excess, GLOBE & MAIL (Toronto), Nov. 12, 2008, at A22. 4 Robyn Blumner, Once Again We’ll Be a Nation of Laws, ST. -
<I>United States V. Morrison</I>
University of Pennsylvania Carey Law School Penn Law: Legal Scholarship Repository Faculty Scholarship at Penn Law 2015 Bait and Switch: Why United States v. Morrison is Wrong about Section Five Kermit Roosevelt III University of Pennsylvania Carey Law School Follow this and additional works at: https://scholarship.law.upenn.edu/faculty_scholarship Part of the Civil Rights and Discrimination Commons, Constitutional Law Commons, Courts Commons, Fourteenth Amendment Commons, Jurisprudence Commons, and the Public Law and Legal Theory Commons Repository Citation Roosevelt, Kermit III, "Bait and Switch: Why United States v. Morrison is Wrong about Section Five" (2015). Faculty Scholarship at Penn Law. 748. https://scholarship.law.upenn.edu/faculty_scholarship/748 This Article is brought to you for free and open access by Penn Law: Legal Scholarship Repository. It has been accepted for inclusion in Faculty Scholarship at Penn Law by an authorized administrator of Penn Law: Legal Scholarship Repository. For more information, please contact [email protected]. \\jciprod01\productn\C\CRN\100-3\CRN302.txt unknown Seq: 1 18-MAR-15 8:28 BAIT AND SWITCH: WHY UNITED STATES V. MORRISON IS WRONG ABOUT SECTION 5 Kermit Roosevelt III† In United States v. Morrison, the Supreme Court announced the rule that the Section 5 power cannot be used to regulate private individuals. This is one of the most meaningful and, thus far, durable constraints that the Court has placed on federal power. It is the more surprising, then, that it turns out to be based on essentially nothing at all. The Morrison Court asserted that its rule was derived by—indeed, “controlled by”—precedent, but a closer reading of the Reconstruction-era decisions it cites shows that this is simply not the case. -
Industry at the Edge of Space Other Springer-Praxis Books of Related Interest by Erik Seedhouse
IndustryIndustry atat thethe EdgeEdge ofof SpaceSpace ERIK SEEDHOUSE S u b o r b i t a l Industry at the Edge of Space Other Springer-Praxis books of related interest by Erik Seedhouse Tourists in Space: A Practical Guide 2008 ISBN: 978-0-387-74643-2 Lunar Outpost: The Challenges of Establishing a Human Settlement on the Moon 2008 ISBN: 978-0-387-09746-6 Martian Outpost: The Challenges of Establishing a Human Settlement on Mars 2009 ISBN: 978-0-387-98190-1 The New Space Race: China vs. the United States 2009 ISBN: 978-1-4419-0879-7 Prepare for Launch: The Astronaut Training Process 2010 ISBN: 978-1-4419-1349-4 Ocean Outpost: The Future of Humans Living Underwater 2010 ISBN: 978-1-4419-6356-7 Trailblazing Medicine: Sustaining Explorers During Interplanetary Missions 2011 ISBN: 978-1-4419-7828-8 Interplanetary Outpost: The Human and Technological Challenges of Exploring the Outer Planets 2012 ISBN: 978-1-4419-9747-0 Astronauts for Hire: The Emergence of a Commercial Astronaut Corps 2012 ISBN: 978-1-4614-0519-1 Pulling G: Human Responses to High and Low Gravity 2013 ISBN: 978-1-4614-3029-2 SpaceX: Making Commercial Spacefl ight a Reality 2013 ISBN: 978-1-4614-5513-4 E r i k S e e d h o u s e Suborbital Industry at the Edge of Space Dr Erik Seedhouse, M.Med.Sc., Ph.D., FBIS Milton Ontario Canada SPRINGER-PRAXIS BOOKS IN SPACE EXPLORATION ISBN 978-3-319-03484-3 ISBN 978-3-319-03485-0 (eBook) DOI 10.1007/978-3-319-03485-0 Springer Cham Heidelberg New York Dordrecht London Library of Congress Control Number: 2013956603 © Springer International Publishing Switzerland 2014 This work is subject to copyright. -
Trump-Biden Differences Laid Bare in Final Debate
MOST OF WHAT WE CALL TODAY 1260 1920 1962 2008 QUOTE MANAGEMENT CONSISTS OF IN OF THE MAKING IT DIFFICULT FOR PEOPLE Qutuz, Mamluk Sultans of Egypt “Black Thursday”, start Cuban Missile Crisis: Soviet “Bloody Friday” saw many of the DAY HISTORY (1259-60), is assassinated by Bai- of stock market crash, ships approach but stop world’s stock exchanges experienced TO GET THEIR WORK DONE bars, a fellow Mamluk leader, who Dow Jones down 12.8% short of the US blockade of the worst declines in their history, with SATURDAY, OCTOBER 24, 2020 PETER DRUCKER seizes power for himself Cuba drops of around 10% in most indices News in brief Xi invokes S Korea finds no link between flu u South Chinese Korea’s forensic TOP shot, boy’s death as toll rises agency has Sudan to normalise ties military might Trump-Biden differences found no links between a 17-year-old boy’s death and a flu shot he had taken, with US in mind 4 the Yonhap news agency reported, TWEETS amid rising concerns about the safety of the vaccines following the death of at least 32 people. The boy was among with Israel, Trump says laid bare in final debate 01 the first reported to have died as part of a government campaign to vaccinate about 30 million of a population of 52 million to prevent coronavirus complications. US President Donald Trump announces that Sudan and Israel have agreed to the Donald Trump and Joe Biden fight over the raging virus, climate and race u Alessandra Korap of the Brazilian indigenous leader wins normalisation of relations Munduruku tribe Robert Kennedy rights award in the Amazon was awarded the 2020 Robert Biden mauls Trump’s ’m running as a proud F. -
Restoring the Right to Vote | 2 Criminal Disenfranchisement Laws Across the U.S
R E S T O R I N G T H E RIGHT TO VOTE Erika Wood Brennan Center for Justice at New York University School of Law ABOUT THE BRENNAN CENTER FOR JUSTICE The Brennan Center for Justice at New York University School of Law is a non-partisan public policy and law institute that focuses on fundamental issues of democracy and justice. Our work ranges from voting rights to redistricting reform, from access to the courts to presidential power in the fight against terrorism. A singular institution – part think tank, part public interest law firm, part advocacy group – the Brennan Center combines scholarship, legislative and legal advo- cacy, and communications to win meaningful, measurable change in the public sector. ABOUT THE BRENNAN CENTER’S RIGHT TO VOTE PROJECT The Right to Vote Project leads a nationwide campaign to restore voting rights to people with criminal convictions. Brennan Center staff counsels policymakers and advocates, provides legal and constitutional analysis, drafts legislation and regulations, engages in litigation challenging disenfranchising laws, surveys the implementation of existing laws, and promotes the restoration of voting rights through public outreach and education. ABOUT THE AUTHOR Erika Wood is the Deputy Director of the Democracy Program at the Brennan Center for Justice where she lead’s the Right to Vote Project, a national campaign to restore voting rights to people with criminal records, and works on redistricting reform as part of the Center’s Government Accountability Project. Ms. Wood is an Adjunct Professor at NYU Law School where she teaches the Brennan Center Public Policy Advocacy Clinic. -
IS LESS Philip Hamburger† I. FREE EXERCISE
HAMBURGER.BOOK.DOC 4/13/04 9:44 PM ESSAY MORE IS LESS∗ Philip Hamburger† I. FREE EXERCISE INALIENABLE .................................................... 838 A. The Inalienable Character of Religious Liberty ................. 839 B. The Definition of Religious Liberty..................................... 848 II. BOTH MORE AND LESS ................................................................. 858 A. The Contingency of Free Exercise in the Courts ................ 858 B. Mere Definition Rather than Condition? ............................ 861 C. Historical Explanations......................................................... 864 D. Expansion and Contingency................................................. 869 E. The Absolute Right of Religious Belief ............................... 872 F. Fratricide (or the Periphery Undermines the Core) ........... 874 G. No Harm, No Foul? .............................................................. 882 H. Other Examples..................................................................... 885 CONCLUSION....................................................................................... 890 S the First Amendment’s right of free exercise of religion condi- I tional upon government interests? Many eighteenth-century Americans said it was utterly unconditional. For example, James Madison and numerous contemporaries declared in 1785 that “the right of every man to exercise [‘Religion’] . is in its nature an un- alienable right” and “therefore that in matters of Religion, no mans right is abridged by -
July 2, 2010 FROM: NASA Heliophysics Subcommittee Chair
DATE: July 2, 2010 FROM: NASA Heliophysics Subcommittee Chair: Dr. Roy Torbert, Univ of New Hampshire Dr. David Alexander, Rice University Dr. Stuart Bale, University of California, Berkeley Dr. Jeffrey Forbes of the University of Colorado Dr. Mary Hudson, Dartmouth College Dr. Charles Kankelborg, Montana State University Dr. Judith Karpen of the NASA Goddard Space Flight Center Dr. Robert McPherron of University of California, Los Angeles Dr. Richard Mewaldt, California Institute of Technology D r. Zoran Mikic, Predictive Science, Inc. Dr. Ennio Sanchez of SRI International Dr. Karel Schrijver of Lockheed Martin Advanced Technology Center Dr. Harlan Spence, formerly Boston University, now Univ of New Hampshire Dr. Charles Swenson, Utah State University Dr. Leonard Strachan of the Harvard-Smithsonian Center for Astrophysics Dr. Michelle Thomsen, Los Alamos National Laboratory Dr. Allan Tylka, Naval Research Laboratory TO: Dr. Wesley T. Huntress, NASA Advisory Council Science Committee Dear Wes, The Heliophysics Subcommittee (HPS) met at NASA Headquarters on June 30 and July 1, 2010. A total of 16 of the 17 members attended all or part of the meeting. The meeting agenda is attached to this letter. Several new members to the subcommittee were welcomed: Drs. Jeffrey Forbes, University of Colorado; Judy Karpen, NASA Goddard Space Flight Center (GSFC); Ennio Sanchez, SRI International; Karel Schrijver, Lockheed Martin Advanced Technology Center; Leonard Strachan, Harvard-Smithsonian Center for Astrophysics; and Robert McPherron, University of California, Los Angeles. NASA gave one specific charge to the subcommittee for this meeting. The subcommittee was asked to provide an assessment of Heliophysics science performance for FY2009. This assessment is used as input to the yearly Performance and Accountability Report (PAR) submitted as part of NASA’s yearly Government Performance Results Act (GPRA) requirements. -
Legal Challenges to State COVID-19 Orders
October 2020 Legal Challenges to State COVID-19 Orders Scores of lawsuits have been filed across the country challenging the use of state executive authority in response to the COVID-19 pandemic.i The lawsuits are being brought in both state and federal courts and make claims based on both state and federal law. Two noteworthy categories of lawsuits have emerged. The first category is lawsuits based on state law claims alleging an overreach or misuse of state executive power. The second category is lawsuits accusing state executives of violating civil liberties and other rights protected by the United States Constitution and federal law.ii Lawsuits Based on State Law and Use of Executive Authority Key Findings and Considerations • The underlying legal authority of state Of primary concern are lawsuits being brought under executives to respond to public health state law claims and aiming to eliminate executive crises is being challenged. public health authority. These suits often allege an • Claims are being made that public overreach or misuse of state executive power and health falls outside of the state include claims that the executive actions violate the executive’s emergency powers. non-delegation doctrine (i.e., legislative bodies • The judicial deference to state action cannot delegate their power to the executive), that in response to public health the emergency response laws are a violation of the emergencies afforded by Jacobson v. separation of powers between the legislative and Massachusetts is being weighed executive branches, that the governor has exceeded against more recent standards of the authority provided by emergency response laws judicial review. -
David E. Bernstein, George Mason University School of Law
REVISITING YICK WO V. HOPKINS David E. Bernstein, George Mason University School of Law Illinois Law Review, Forthcoming George Mason University Law and Economics Research Paper Series 08-55 This paper can be downloaded without charge from the Social Science Research Network at http://ssrn.com/abstract_id=12629230 BERNSTEIN.DOC 8/25/2008 10:06:52 AM REVISITING YICK WO V. HOPKINS David E. Bernstein* Professor Jack Chin explains in his provocative article1 that Yick Wo v. Hopkins2—an ancient case with a narrow holding—has been cited as supporting modern constitutional doctrines that the Yick Wo Court did not even consider, much less adopt. Yick Wo was not a radical civil rights case decades ahead of its time. Rather, as Professor Chin con- cludes, “Yick Wo is entirely consistent with the other jurisprudence of the era: tolerant of racial classifications, sometimes protective of particu- lar fundamental rights, willing to police state interference with matters it regards as exclusively federal.”3 I disagree with Professor Chin, however, about some important in- terpretive details. In particular: • Professor Chin claims that Yick Wo was fundamentally a “treaty case,” and did not extend constitutional rights to Chinese alien residents of the United States. In fact, Yick Wo explicitly stated that the Chinese, as lawful residents of the United States, were entitled to the protections of the Fourteenth Amendment (and the 1866 Civil Rights Act),4 independent of the United States’s treaty with China. Moreover, the Court ultimately held that the laundry ordinances as enforced were unconstitutional, not that they violated treaty provisions; • Yick Wo was not, as Professor Chin alleges, an early example of Lochnerian “substantive due process” jurisprudence, but was, at best, a distant cousin to the Lochner line of cases; • Professor Chin is correct that Yick Wo was not fundamentally a “race case,” but he neglects the fact that the decision did have a * Professor, George Mason University School of Law. -
BRNOVICH V. DEMOCRATIC NATIONAL COMMITTEE
(Slip Opinion) OCTOBER TERM, 2020 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. SUPREME COURT OF THE UNITED STATES Syllabus BRNOVICH, ATTORNEY GENERAL OF ARIZONA, ET AL. v. DEMOCRATIC NATIONAL COMMITTEE ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 19–1257. Argued March 2, 2021—Decided July 1, 2021* Arizona law generally makes it very easy to vote. Voters may cast their ballots on election day in person at a traditional precinct or a “voting center” in their county of residence. Ariz. Rev. Stat. §16–411(B)(4). Arizonans also may cast an “early ballot” by mail up to 27 days before an election, §§16–541, 16–542(C), and they also may vote in person at an early voting location in each county, §§16–542(A), (E). These cases involve challenges under §2 of the Voting Rights Act of 1965 (VRA) to aspects of the State’s regulations governing precinct-based election- day voting and early mail-in voting. First, Arizonans who vote in per- son on election day in a county that uses the precinct system must vote in the precinct to which they are assigned based on their address. See §16–122; see also §16–135.