"Thirty pieces of silver" for the rights of your people: irresistible offers reconsidered as a matter of state constitutional law
Article Abstract:
States whose constitutions grant citizens greater rights than those granted US citizens under the US Constitution should reject federal funds when the receipt of such funds is made contingent on narrowing civil rights guarantees to fit federal protections and congressional objectives. While the US Constitution grants Congress broad powers, Congress should not be able to abuse such powers to legislate matters that are expressly reserved for state governments under the federalist scheme. Unless state exercises of power interfere with federal legislative powers, states deserve the autonomy reserved for them in the US Constitution.
Publication Name: Harvard Journal of Law & Public Policy
Subject: Political science
ISSN: 0193-4872
Year: 1993
User Contributions:
Comment about this article or add new information about this topic:
Constitutional limits on racial redistricting: Miller v. Johnson
Article Abstract:
The US Supreme Court ruled in Miller v. Johnson that a mainly-black Georgia electoral district violated the constitutional Equal Protection Clause because some voters were placed in that district because of their race. The court clarified Shaw v. Reno in Miller and this may encourage other similar cases, although the Court left states limited chances to have race be a factor in redistricting. Proportional representation might be the best way to include minorities in the electoral process while preserving the racial neutrality of government.
Publication Name: Harvard Journal of Law & Public Policy
Subject: Political science
ISSN: 0193-4872
Year: 1995
User Contributions:
Comment about this article or add new information about this topic:
Easing the pressure on pressure groups: toward a constitutional right to lobby
Article Abstract:
A constitutional right to lobby should be recognized, and efforts to restrict lobbying should be subject to rigorous scrutiny. Lobbying falls within the First Amendment right to petition and is also supported by the theory of associational privacy. Although the US Supreme Court has been reluctant to protect the rights of lobbyists, the current trend toward original intent jurisprudence may include correction of this curious omission.
Publication Name: Harvard Journal of Law & Public Policy
Subject: Political science
ISSN: 0193-4872
Year: 1993
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: The idea of a legitimate state. Institutionalizing the Just War. Recognitional legitimacy and the state system
- Abstracts: The Bill of Rights in America and Central East Europe. Limitations of the Voting Rights Act of 1965
- Abstracts: Competition in procurement. The unintended consequences of micromanagement: the case of procuring mission critical computer resources
- Abstracts: The limits of macroeconomics. Limits to regulation due to interaction of the patent and commerce clauses
- Abstracts: The Russian Far East as a factor in Russian-Chinese relations. Chinese foreign policy and the collapse of communism