Center for the Study of Constitutional Originalism: Sai Prakash

Date and Time:

Tuesday, July 2, 2013 at 12 p.m.

Location:

Warren Hall, Faculty Reading Room

Details:

“Martial Law, Dictators, and Congress”

This paper (i) introduces the theory that the Constitution authorizes Congress to enact measures necessary to thwart invasions and rebellions, including the creation of a dictatorship and the suspension of some civil liberties; (ii) discusses founding era practices that suggest the legislature’s dominant and authorizing role during invasions and rebellions; (iii) considers congressional power in invasions, rebellions, and other crises as well as early federal emergency statutes; and (iv) considers separation of powers, continuity in government, and individual rights.

Speaker:

Sai Prakash
David Lurton Massee, Jr., Professor of Law
University of Virginia School of Law

Contact:

Trang Pham
tpham@sandiego.edu
(619) 260-4208