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This Comment argues that the death penalty is inconsistent with underlying principles of American democracy and is thus illegitimate as a matter of political philosophy, despite its conceded constitutionality. It analyzes the Supreme Court's idiosyncratic treatment of challenges to capital punishment on grounds of due process, equal protection and cruel and unusual punishment, demonstrating.

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OS: Windows XP / Vista / 7 / 8 / 10 – 64 bits, Linux 64 bits, Mac OSX 10.7 Aston Martin Demo This demo can be downloaded to experience some advanced real-time effects provided by REDsdk as HDR (High Dynamic Range) rendering, GI (Global Illumination) baking, real-time spherical harmonics, adaptive tone mapping, glossy Fresnel reflections.
When one comes to Notre Dame, whether for a law review symposium or for a football game or for both, your mind is drawn to fundamentals and history. This is a place that oozes history, and in that vein, I want to take a step back and focus on the text of our Constitution. I want to focus on that text in two dimensions. First, I want to explain how the text of the Constitution creates a.

Title

Authors

Spherical Constitution Mac Os 11

Document Type

Article

Publication Date

1-1-1993

Abstract

The focus of this article is the interplay of an indigenous American idea -- popular sovereignty -- and two American traditions: vigilante justice and constitutional conventions during the nineteenth century. While the traditions may seem unconnected, they are linked by the doctrine of popular sovereignty, which was based on the notion that the people' are the ultimate and only legitimate basis for government and that the 'the people' possess the right to reform, alter, or abolish their government at any time. What emerged in the debates over both the proposed California constitution of 1849 and the San Francisco vigilante activities of the 1850s were conflicting views about both the scope and means whereby the people could exercise this sovereignty. It is a commonplace that the American legal and constitutional order rests on the idea of a government 'of laws and not of men.' The phrase implies the primary role that law plays in ordering and maintaining order in American society as well as the close identification of lawyers with that process. It would seem anomalous today to identify members of the legal profession with a vigilante movement that expressly denies the validity of the existing legal system. This reaction is a measure of the distance between our contemporary legal culture and nineteenth-century America. While legal vigilantism seems oxymoronic today, that was not the case in the nineteenth-century assumptions common to lawyers and laymen and involves the evolution of how Americans perceived the doctrine of popular sovereignty. The American struggle over the role of 'the people' in the context of 'altering, reforming, or abolishing' government did not come to an end with the mechanism adopted for constitutional change in the Federal constitution or by judicial review. The debate instead shifted to the states and was largely conducted within state constitutional conventions during the nineteenth-century. However, as popular government, majoritarianism, and democracy developed political meaning in the course of the nineteenth-century, a natural connection emerged with vigilantism. Popular sovereignty, rather than being one of a number of rationales for vigilantism, was the principal rationale for extra legal activities. Thus, one of the reasons that nineteenth-century vigilantism found support from lawyers, ironically, stemmed from its linkage with a constitutional tradition accentuating the sovereignty of 'the people.'

Publication Title

Pacific Historical Review

Volume

First Page

Recommended Citation

Christian G. Fritz, Popular Sovereignty, Vigilantism and the Constitutional Right of Revolution, 63 Pacific Historical Review 39 (1993).
Available at: https://digitalrepository.unm.edu/law_facultyscholarship/179

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Article Title

Authors

Abstract

Roberto Gargarella surveys the landscape of Latin American Constitutionalism from 1810 to 2010, with particular emphasis on efforts in the late twentieth and early twenty-first centuries to enhance protections of multiculturalism and human rights. Gargarella begins by surveying the 'founding period' of Latin American constitutionalism, a period marked by compromise between liberals and conservatives. He proceeds to discuss the increasing incorporation of social rights—primarily economic and labor rights—during the early twentieth century. Gargarella then discusses a final wave of reforms, which introduced increasing human rights protections in the latter half of the twentieth century and the beginning of the twenty-first. Gargarella concludes that the latest wave of reforms did not go far enough in advancing human rights because the reforms failed to reach what Gargarella calls the 'engine room of the constitution.' The engine room consists of the power-granting provisions of constitution that determine the relative authority of governmental actors. Gargarella contends that the enshrinement of several additional rights in Latin American constitutions is undermined by a failure to reorganize power structures so as to ensure that these new rights will be enforced.

Recommended Citation

Gargarella, Roberto (2014) 'Latin American Constitutionalism: Social Rights and the “Engine Room” of the Constitution,' Notre Dame Journal of International & Comparative Law: Vol. 4 : Iss. 1 , Article 3.
Available at: https://scholarship.law.nd.edu/ndjicl/vol4/iss1/3

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