Open Access. Powered by Scholars. Published by Universities.®

United States History Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 4 of 4

Full-Text Articles in United States History

My Turn: 'We The People' And The Garland Nomination, John M. Greabe Sep 2016

My Turn: 'We The People' And The Garland Nomination, John M. Greabe

Law Faculty Scholarship

[Excerpt] "Because I teach constitutional law, a friend recently asked me whether Judge Merrick Garland or President Obama might successfully sue to compel the Senate to take action on the nomination of Judge Garland to fill the vacancy on the United States Supreme Court.

Almost certainly not, I told him. Under settled precedent, a judge would dismiss such a case as raising a non-legal ''political" question. It would be very difficult to develop acceptable decisional standards for such a claim. Moreover, courts are reluctant to entertain lawsuits challenging mechanisms that the Senate uses to oversee the judiciary."


The Meanings Of The "Privileges And Immunities Of Citizens" On The Eve Of The Civil War, David R. Upham Apr 2016

The Meanings Of The "Privileges And Immunities Of Citizens" On The Eve Of The Civil War, David R. Upham

Notre Dame Law Review

The Fourteenth Amendment to our Constitution provides, in part, that “[n]o State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.” This “Privileges or Immunities Clause” has been called “the darling of the professoriate.” Indeed, in the last decade alone, law professors have published dozens of articles treating the provision. The focus of this particular study is the interpretation of the “privileges and immunities of citizens” offered by American political actors, including not only judges, but also elected officials and private citizens, before the Fourteenth Amendment, and primarily, on ...


A Birthday For The Upper Peninsula, Mark Ruge Jan 2016

A Birthday For The Upper Peninsula, Mark Ruge

Upper Country: A Journal of the Lake Superior Region

Everyone and everything should have its own birthday, particularly a special place like Michigan's Upper Peninsula, which does not. In this article, the author traces the political machinations of Michigan and the Upper Peninsula with a goal of finding the most appropriate birthday. He and the attendees at the Sonderegger Symposium XVI, sponsored by the Center for U.P. Studies, at Northern Michigan University, settle on December 14, 1836, the date when the final condition was met to establish the boundaries of Michigan as a state—boundaries that for the first time included the entirety of the Upper Peninsula ...


After Suffrage Comes Equal Rights? Era As The Next Logical Step, Tracy A. Thomas, Tj Boisseau Dec 2015

After Suffrage Comes Equal Rights? Era As The Next Logical Step, Tracy A. Thomas, Tj Boisseau

Tracy A. Thomas

Almost a full century in the making, the campaign for an ERA far exceeded in longevity the campaign for woman suffrage, however much a “logical next step” women's equality seemed to some following the spectacular achievement of the Nineteenth Amendment. The history of the amendment reveals how resistant to the idea of equality between men and women a political system -- even one that includes women as voters -- can be. In this chapter, we re-examine the route taken by the ERA through its many permutations in the century since the passage of woman suffrage. Proposed by Alice Paul in 1923 ...