The Judicial Recall—a Fallacy Repugnant To Constitutional Government

Interbranch Accountability in State Government and the Constitutional Requirement of Judicial Independence

When contemporary commentators decry what they describe as growing threats to “judicial independence,” they typically invoke “judicial independence” as a normative ideal—an institutional virtue. That virtue is the capacity of courts to protect individual rights, to police structural limits on governmental power, and to decide individual disputes based solely on the applicable law and the factua...

Historical Gloss , Constitutional Conventions , and the Judicial Separation of Powers

Scholars have increasingly focused on the relevance of post-Founding historical practice to discerning the separation of powers between Congress and the Executive Branch, and the Supreme Court has recently endorsed the relevance of such practice. Much less attention has been paid, however, to the relevance of historical practice to discerning the separation of powers between the political branc...

Gloss , Constitutional Conventions , and the Judicial Separation of Powers

Scholars have increasingly focused on the relevance of post-Founding historical practice to discern the separation of powers between Congress and the executive branch, and the Supreme Court has recently endorsed the relevance of such practice. Much less attention has been paid, however, to the relevance of historical practice to discerning the separation of powers between the political branches...

The Impoundment Dilemma: Crisis in Constitutional Government

Judicial Intervention in Church Property Disputesâ•flSome Constitutional Considerations