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University of Virginia School of Law Home

University of Virginia School of Law

Scholarship
Mila Versteeg

An Exceptional Constitution

Mila Versteeg
Publisher
Insights on the Law & Society
Date
2015
Citation
Mila Versteeg, An Exceptional Constitution, 15 Insights on the Law & Society 12–15 (2015).
UVA Law Faculty Affiliations
Mila Versteeg
Center for International & Comparative Law
Program in Constitutional Law
Immigration, Migration and Human Rights Program
Center for the Study of Race and Law
Center for Public Law and Political Economy
Center for Empirical Studies in Law
More in This Category

The Inconvenience Doctrine

Saikrishna Prakash

Many disdain the use of consequences in legal interpretation. Yet it turns out that interpreters have long used consequences, particularly...

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The New Homelessness

Mila Versteeg
Kevin Cope
Guarav Mukherjee

For the over half-million people currently homeless in the United States, the U.S. Constitution has historically provided little help: it is strongly...

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The Fearless Executive, Crime, and The Separation of Powers

Saikrishna Prakash

Trump v. United States’s discovery of broad immunity has rendered the presidency more imperial and unaccountable. This Article tackles four questions...

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Robert H. Jackson: A Life in Judgment

G. Edward White

Until he joined the U.S. government in 1934, Robert H. Jackson had been a lawyer in private practice in Upstate New York who was admitted to the bar...

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The Coming Assault on Birthright Citizenship

Amanda Frost

A politically powerful opponent of birthright citizenship railed that the United States cannot “give up the right” to “expel” dangerous “trespassers”...

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Congress and the Challenges of Historical Gloss

Kristen Eichensehr

Curtis Bradley’s new book on Historical Gloss and Foreign Affairs is the definitive account of a mode of constitutional interpretation that has proven...

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Constitutional Duties
Mila Versteeg
Erensu Altan

Individual duties—like the responsibility to defend the country, pay taxes, or obey the law—are frequently included in national constitutions, but...

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Support for Constitutional Rights During Crisis: Evidence from the Pandemic

Adam Chilton
Kevin Cope
Charles Crabtree
...

During times of crisis, governments often consider policies that may promote safety, but that would require overstepping constitutionally protected...

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Public-Private Partnerships After Murthy v. Missouri

Danielle K. Citron
Jeffrey Stautberg

This essay considers the future of public-private collaboration in the wake of the Murthy v. Missouri litigation, which cast doubt on the...

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A Law Unto Oneself: Personal Positivism and Our Fragmented Judiciary

Richard M. Re

This Article develops a new way of understanding the law in order to address contemporary debates about judicial practice and reform. The...

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Enforceable Ethics for the Supreme Court

Ian Ayres
Richard M. Re

It has been a big moment for court reform. President Biden has proposed a slate of important if vaguely defined reforms, including a new ethics regime...

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What is the “Collective-Action Constitution”?

Richard M. Re

For the Balkinization Symposium on Neil S. Siegel, The Collective-Action Constitution (Oxford University Press, 2024)

Neil Siegel has written a grand...

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Guns, Analogies, and Constitutional Interpretation Across Centuries

Barbara A. Spellman

In New York State Rifle & Pistol Ass’n v. Bruen, the Supreme Court acknowledged the difficulties in applying its constitutional originalism to the...

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How to Think About the Removal Power

Aditya Bamzai
Saikrishna Prakash

In an earlier article titled The Executive Power of Removal, we contended that Article II gives the President a constitutional power to remove...

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Article II and the Federal Reserve

Aditya Bamzai
Aaron L. Nielson

The Supreme Court has twice held since 2020 that statutory restrictions on the President’s removal power violate Article II of the U.S. Constitution...

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In Memoriam: Professor Charles J. Ogletree, Jr.

Kimberly J. Robinson

Celebrating Charles Ogletree, Jr. comes naturally to so many people because he served not only as a tireless champion of equality and justice, but...

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The Procedure of Democratic Erosion

Kevin Cope
Mila Versteeg

In recent years, several popularly elected leaders have moved to consolidate their power by eroding checks and balances. Courts are commonly the...

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Fundamental: How the Vote Became a Constitutional Right

Bertrall Ross

Does the U.S. Constitution protect the affirmative right to vote? Those focusing on the Constitution’s text say no. Yet, the Supreme Court has treated...

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