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- Title
Needful Rules and Regulations: Originalist Reflections on the Territorial Clause.
- Authors
Ciolli, Anthony M.
- Abstract
The article focuses on proposing a comprehensive reform of U.S. territorial law to replace the inconsistent legal framework established by the Insular Cases with one that aligns with the U.S. Constitution and the Founders' intent. Topics include the significance of formally overruling the Insular Cases, the Supreme Court's reluctance to revisit these cases, and a fresh analysis of the Territorial Clause based on constitutional text and historical practice.
- Subjects
CONSTITUTIONS; CONSTITUTIONAL history; POLITICAL science; UNITED States. Supreme Court; ORIGINALISM (Constitutional interpretation)
- Publication
Vanderbilt Law Review, 2024, Vol 77, Issue 4, p1263
- ISSN
0042-2533
- Publication type
Article