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Political Science Commons

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Law

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United States

Berkeley Law

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Full-Text Articles in Political Science

Is Suspension A Political Question, Amanda L. Tyler Jan 2006

Is Suspension A Political Question, Amanda L. Tyler

Faculty Scholarship

The article focuses on the Suspension Clause of the U.S. Constitution being a political issue. It says that once suspension is viewed as a nonjusticiable political question, it would turn as a subject on which most of the restraints imposed by the Constitution would not be subjected to judicial enforcement. It is claimed that such thought should be denied because it is at odds of writ of habeas corpus heritage and would only complicate the separation of powers and the institution of judicial reviews.


Federalism And Legal Process: Historical And Contemporary Analysis Of The American System, Harry N. Scheiber Jan 1979

Federalism And Legal Process: Historical And Contemporary Analysis Of The American System, Harry N. Scheiber

Faculty Scholarship

Whether federalism is more than a legal fiction is a question that generates considerable controversy among scholars in law and the social sciences. Historians of 19th-century American federalism have differed about the workings of the federal system in the era characterized as "dual federalism." This article provides an analysis of these controversies and offers a theoretical position on the problem of real power under federalism. The historical literature, it is argued, provides legal scholars and social scientists with abundant data on the reach, diversity, and effects of governmental action in the different historical epochs of American federalism. The relationship of ...