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Supreme Court and Constitutional Law
A new lawsuit from Texas that is working its way up the appellate ladder may compel the justices to clarify--and limit--how race and ethnicity may be used in the admissions process.
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By Gary J. Schmitt
, Joseph M. Bessette
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The Constitutional Presidency
Wednesday, September 9, 2009
Something important is missing in our treatment and understanding of the constitutional presidency, something that a careful analysis of Article II can help us uncover and recover.
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Congress should use its constitutional authority to create a new National Security Court.
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Those who fiercely oppose--or staunchly support--the use of foreign law in American judicial decisions assume an answer to a more domestic threshold question: the meaning of our own Constitution.
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By John Yoo
, Robert J. Delahunty
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AEI Working Paper
Thursday, August 20, 2009
This working paper makes five observations regarding the Supreme Court's practice of relying upon foreign and international decisions for support of its constitutional rulings.
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By John Yoo
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AEI Working Paper
Thursday, August 20, 2009
There is growing pressure toward the use of international and foreign law in the United States. Why have these issues arisen now, and what might their consequences be?
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Justice Antonin Scalia on the use of foreign law in American judicial opinions.
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In Sosa v. Alvarez-Machain, the Supreme Court of the United States addressed the scope of the Alien Tort Statute.
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The debate over the status of customary international law is dominated by two positions: the modern position view and the revisionist view. This working paper demonstrates that Sosa endorsed the revisionist perspective.
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Safe minority constituencies, in marginalizing black representatives, have become a brake on further racial progress.
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