No. 86 Lecture Series
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No. 86 Lecture Series
No. 86, a reference to the Federalist Papers, continues the conversations our Founding Fathers had in 85 Papers about the proper structure of government. The project is designed specifically for an audience of law students - providing commentary and analysis on topics relating to the law school curr...
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The Implicit Power of Judicial Review
The term “judicial review” isn’t found in the Constitution. So where did it come from and what does it mean? Professor Randy Barnett of Georgetown Un...

How Do We Define The Judicial Power?
Why is it harder to define the Judicial Power than the Legislative or Executive Powers? Professor Gary Lawson of Boston University School of Law disc...

The Necessary and Proper Clause as a Guard for Federalism
What powers rightfully belong to the federal government and what is reserved for the states? Professor Gary Lawson of Boston University School of Law...

Understanding Federalism in the context of the US Constitution
How does Federalism regulate the interaction between the states and the national government? Does it affect the activities among the states themselve...

Determining “who decides”: economics and policy in Federalism cases
Is it clear when an issue should be handled by a state government instead of the federal government? Professor Steven Calabresi of the Northwestern P...

How did we get to the meaning of the Commerce Clause we have today?
What does the Constitution mean by “enumerated powers”? How did this concept apply to the Commerce and the Necessary and Proper Clauses? Professor S...

What is Necessary and Proper for Congressional Power?
What powers does Congress have under the Necessary and Proper Clause, and the Commerce Clause? Professor Randy Barnett of Georgetown University Law C...

How Do We Define The Judicial Power?
Why is it harder to define the Judicial Power than the Legislative or Executive Powers? Professor Gary Lawson of Boston University School of Law disc...

The Implicit Power of Judicial Review
The term “judicial review” isn’t found in the Constitution. So where did it come from and what does it mean? Professor Randy Barnett of Georgetown Un...

A history of the Constitution framing period
What notable authors and experiences influenced the Founders as they formed a new Constitution? Professor Steven Calabresi of the Northwestern Pritzk...

The Implicit Power of Judicial Review
The term “judicial review” isn’t found in the Constitution. So where did it come from and what does it mean? Professor Randy Barnett of Georgetown Un...

How Does the Constitution Protect Individual Rights?
Everyone knows that the Constitution was designed to protect the rights of the people. But how exactly does it accomplish that? Professor Randy Barne...

The structure of the Constitution and questions of comparative law
The American Constitution separates power among 3 branches - Legislative, Executive, and Judicial. Is this the only logical way to divide power? Does...

Understanding the Constitution: What Kind of Document Is It?
If we want to study the Constitution, is it important to know what it is (or isn’t) in order to understand how it works? Professor Gary Lawson of Bos...

How do you create a Constitution for a free society?
How do you create a Constitution for a free society? Professor Ilan Wurman of the Sandra Day O'Connor College of Law at Arizona State University joins...