The issue of federalism at the Constitutional Convention was considerably more complex than it is normally taken to have been, and most of the prevailing understandings of the settlement of the federalism issue in the Constitution suffer from failing to appreciate that complexity. There were at least six rather distinct versions of federalism “on the table” in Philadelphia; most found embodiment in one or another of the major plans before the Convention, although two of the schemas that are especially important for understanding the final Constitution have gone almost entirely unrecognized because they were not incorporated in separate comprehensive plans. Neither the older view that the Constitution's federalism is a “bundle of compromises” nor the currently popular view that it is essentially a nationalist document with some few federal reservations holds up when examined in the light of the “federalisms” at the Convention.

This article analyzes the constitutional problems of “first use” of nuclear weapons. Its organizing principle is that Congress has a constitutional duty to ensure such control over nuclear weapons that first use (and first strike) is proscribed. After demonstrating that the Constitution requires collective decisionmaking in important policy decisions, it is recommended that Congress retrieve its delegated power over nuclear weaponry, and also establish a “council of state” within the office of the presidency with which the president must consult before taking important decisions, including those involving nuclear warfare. The council would take a sober “first look” at proposed policies, but the ultimate responsibility would be the president's.

The East German government's commemoration in 1983 of the 500th anniversary of Martin Luther's birth exemplifies its continuing effort to broaden domestic support by arguing over a thirty-year period that the regime's values are deeply rooted in German civilization. The representation of Luther in the German Democratic Republic has evolved from caricature to sophisticated portraiture. Fundamental to this reinterpretation has been the association of Luther with the bourgeois-democratic revolution, a process which the ruling Socialist Unity party claims to have completed in the course of establishing the GDR. Continuing interaction between East and West Germany has complicated the GDR's effort to utilize historical symbols in developing a unified political culture.

New York State provides institutional aid to nonpublic institutions of higher learning within the context of its constitutional prohibitions against aid to denominational institutions. To qualify for state aid, New York's private colleges and universities must prove they are constitutionally eligible, a process which has prompted extensive self-evaiuation and frequently some changes by many of those institutions with traditional religious affiliation. State aid administrators have chosen to restrict their constitutional approach to state standards and ignore the United States Supreme Court's tripartite standards articulated in Lemon v. Kurtzman, as modified by the Tilton-Hunt-Roemer decisions. The state law has been cautiously and diplomatically administered, but the possibility of future state “entanglement” with church-related institutions remains.