The avoidance of constitutional questions and the preservation of judicial review: federal court treatment of the new habeas provisions

Article Abstract:

Congress unnecessarily feared the effect courts' habeas corpus powers would have on the implementation of the Antiterroism and Effective Death Penalty Act of 1996 (AEDPA). Courts' canons of interpretation already guide courts to follow the policy set forth by Congress. Only in rare instances will courts grant habeas such as when the innocent person needs protection, rather than in cases where habeas is sought for procedural injury. The interpretive approach courts take regarding AEDPA will by default meet Congress' intent.

Laws, regulations and rules, Habeas corpus

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Madison's audience

Article Abstract:

James Madison's constitutional theory of the extended republic, which he later expounded in The Federalist No. 10, had much less influence on the writing and ratification of the Constitution than has been assumed. Contemporaneous notes by Madison's fellow Constitutional Convention delegate William Pierce indicated that Madison's original statement of his theory was poorly understood. Modern constitutional interpretations assuming Madison's contemporary influence should be reexamined.

Evaluation, History, Influence, Biography, 18th century AD, Constitutional history, Constitutional conventions, The Federalist (Book), Madison, James

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Foreword: we the court

Article Abstract:

The author discusses the development of the concept of judicial review in the Supreme Court, the popular understanding of the court's supremacy in interpreting constitutional law, the Rehnquist court's shift into judicial sovereignty, and the fading of popular constitutionalism.

Powers and duties, Public opinion, Judicial power, United States. Supreme Court

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