"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.

Interpretation and construction, Political aspects, Intergovernmental fiscal relations, Constitutions, State, State constitutions

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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.

United States, Cases, Equality before the law, Equal protection, Race discrimination, Election districts, Apportionment (Election law)

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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.

Analysis, Laws, regulations and rules, Lobbying, Pressure groups, Special interest groups, Petition, Right of, Right of petition

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