The Supreme Court has described the Indian Commerce Clause as the primary
constitutional basis for federal exclusive and plenary power over Indian affairs. Recently …

The Constitution is often said to leave important questions unanswered. These include, for
example, the existence of a congressional contempt power or an executive removal power …

The Constitution was written in the name of the “People of the United States.” And yet, many
of the nation's actual people were excluded from the document's drafting and ratification …

We do not have an Erie for the" Age of Statutes."'The Erie that we have addresses a world in
which the common law dominated and in which federal courts could go about their daily …

In 1867, Senator Charles Sumner famously likened the Article IV Guarantee Clause to" a
sleeping giant in the Constitution." 1 Nearly a century and a half later, and despite persistent …

Courts and commentators have long struggled to reconcile prominent federalism doctrines
with the text of the Constitution. These doctrines include state sovereign immunity, the …

ON topics that come within the reach of the states' lawmaking powers, modern federal
judges have no doubts about the legal status of the common law. With respect to such …

Commentators have long debated the proper method of constitutional interpretation and
whether the Constitution itself provides meaningful guidance for its own interpretation …

CONSIDER three notable recent assertions of the President's foreign affairs powers. First, in
2011, President Obama ordered US armed forces to attack Libya without any authorization …

What does the future hold for the federal common law of foreign relations? Foreign relations
is often described as one of the best established and most legitimate enclaves of federal …