A Twentieth Amendment parable

Article Abstract:

Applying the interpretive approach employed by the US Supreme Court in Seminole Tribe v. Florida to the 20th Amendment could result in a number of statutes and nominations being found unconstitutional. In Seminole, the Court interpreted the 11th Amendment based on its purpose and not its text. The 20th Amendment was intended to eliminate lame-duck Presidential and Congressional action. Under purpose-based interpretation, CERCLA, GATT and the US Court of Appeals nomination of Stephen Breyer would be struck down as unconstitutional Presidential or legislative action.

Cases, Constitutional law, Constitutional interpretation, Legislative power, Public officers, Government officials

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Minors and the Fourth Amendment: how juvenile status should invoke different standards for searches and seizures on the street

Article Abstract:

Application of Fourth Amendment search and seizure protections to minors needs to take into account the emotional, cognitive and social differences between juveniles and adults. In other areas of constitutional law, such as abortion access and custodial interrogations, special tests incorporate the factors that influence minors. Facially neutral applications of search and seizure law fail to acknowledge that minors react differently than adults in stressful encounters with authority figures. Courts should develop distinct tests for juvenile police stops.

Psychological aspects, Youth, Searches and seizures, Juvenile justice, Administration of, Administration of juvenile justice, states

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The unitary Second Amendment

Article Abstract:

Niether the operative clause nor the purpose clause of the 2d Amendment should be given primacy in interpretating the right to bear arms. A unitary interpretive approach that considers the two clauses to be parts of one whole illuminates the amendment's intent. Judges who use the the unitary approach will find their lawmaking more coherent and direct.

Criticism and interpretation, Constitutional amendments, Volokh, Eugene

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