Gun shy: the Second Amendment as an "underenforced constitutional norm."

Article Abstract:

Professor Lawrence Sager's thesis that constitutional norms may be underenforced by the judiciary and legitimately may be enforced by the legislative or executive branches is applicable to the 2d Amendment. Norms underlying the 2d Amendment have virtually been disregarded in US constitutional history. Congressional remediation of this problem is possible by legislation using Section 5 of the 14th Amendment as authority.

Analysis, Criticism and interpretation, Right to bear arms, Social norms, Sager, Lawrence

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Federalism in constitutional context

Article Abstract:

Federalism interrelates with separation of powers in three ways. First, state and local governments often function as administrative extensions of the federal government. Second, the capacity of the states to function as an alternative executive branch helps to keep the President in check. Third, constitutional limits on Congress' power over the President both impacts, and is impacted by, state sovereignty.

United States, Federalism, Separation of powers

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