Download or read book Constitution Restoration Act of 2004 written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, the Internet, and Intellectual Property and published by . This book was released on 2004 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Restoring the Lost Constitution written by Randy E. Barnett and published by Princeton University Press. This book was released on 2013-11-24 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost. Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a "presumption of liberty" to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people. As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.

Download or read book Women and Immigration Law written by Thomas Spijkerboer and published by Routledge. This book was released on 2007-03-12 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the current political context, immigration law is being addressed primarily as a security issue. Gender is addressed as an issue from the State's perspective, leading to restrictive policies. This book analyzes and evaluates current devlopments in immigration law in Europe from the perspective of the women involved.

Download or read book Legislative and Executive Calendar written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Constitutional Identity written by Gary J. Jacobsohn and published by Harvard University Press. This book was released on 2010-10-25 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Argues that a constitution acquires an identity through experience--from a mix of the political aspirations and commitments that express a nation's past and the desire to transcend that past. It is changeable but resistant to its own destruction and manifests itself in various ways, as Jacobsohn shows in examples as far flung as India, Ireland, Israel, and the United States. Jacobsohn argues that the presence of disharmony--both the tensions within a constitutional order and those that exist between a constitutional document and the society it seeks to regulate--is critical to understnading the theory and dynamics of constitutional identity"--Jacket.

Download or read book The Conservative Revolution of Antonin Scalia written by David A Schultz and published by Rowman & Littlefield. This book was released on 2020-07-07 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many hoped or feared that Antonin Scalia’s appointment to the Supreme Court in 1986 would guarantee a conservative counter-revolution that would reverse the liberal jurisprudence of the Supreme Court under Chief Justice Earl Warren and which was continued to some extent under the Burger Court though the influence of Justice William Brennan. In addition, President Reagan described Scalia’s nomination as part of a project to remake the role of the Court, promote an interpretive approach of originalism, and shift authority and discretion to the States. Yet by the time of his death in 2016 it was unclear to what extent Scalia had effected the legal, institutional, or political revolutions that had been anticipated. While the Court did move to the right doctrinally, and reversed or modified many Vinson-Warren-Burger precedents, Scalia’s influence on constitutional jurisprudence turned out to be far less than it could have been, and his ability to persuade other Justices to adopt his legal views—both substantively and methodologically—was less than many mainstream media accounts recognize. Scalia’s institutional and political legacies are similarly complex: he was neither as transformative a figure as some of his allies might have hoped nor so unimportant as some of his detractors might have wished. The fact that his death and the controversy surrounding his replacement is so intense speaks to the fragile legacy that Scalia really has had on the Supreme Court after 30 years. This book will assess Scalia’s legacy in an edited volume that assembles leading legal and political science scholars who will evaluate his impact across a range of jurisprudential, institutional, and political issues.

Download or read book Censored 2005 written by Peter Phillips and published by Seven Stories Press. This book was released on 2011-01-04 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: The yearly volumes of Censored, in continuous publication since 1976 and since 1995 available through Seven Stories Press, is dedicated to the stories that ought to be top features on the nightly news, but that are missing because of media bias and self-censorship. The top stories are listed democratically in order of importance according to students, faculty, and a national panel of judges. Each of the top stories is presented at length, alongside updates from the investigative reporters who broke the stories.

Download or read book Reports on Activities During the 108th Congress written by and published by Government Printing Office. This book was released on with total page 1176 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Transnational Legal Processes and Human Rights written by Lauren Fielder and published by Routledge. This book was released on 2016-02-17 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is becoming increasingly common for human rights norms to be transferred between legal and political systems and this book is a fresh approach to the intersection of transnational law and the protection of cultural difference beyond the single state border. It investigates how the construction and evolution of human rights norms are transferred in transnational legal settings and asks whether law should reflect, express or control any given aspect of culture. The chapters explore the ways that law and cultural identity may or may not co-exist, particularly in circumstances where a prima facie clash is observed. Examining legal approaches to cultural differences from a comparative perspective and across a wide range of locations, the book covers topics such as juvenile punishment, religious defamation, religious rights and conflict between industry and indigenous communities. It will be of value to those working in the areas of transnational and comparative law, as well as those concerned with human rights and the intersection of law and cultural difference.

Download or read book United States Congressional Serial Set Serial No 14923 House Reports Nos 690 723 written by and published by Government Printing Office. This book was released on with total page 1048 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Report on the Activities of the Committee on the Judiciary of the House of Representatives During the Congress Pursuant to Clause 1 d Rule XI of the Rules of the House of Representatives written by United States. Congress. House. Committee on the Judiciary and published by . This book was released on 2005 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Legislative Calendar written by United States. Congress. House. Committee on the Judiciary and published by . This book was released on 2003 with total page 864 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Ellery s Protest written by Stephen D. Solomon and published by University of Michigan Press. This book was released on 2010-03-25 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Solomon’s fascinating and sweeping history of the legal fight over mandatory school prayers is compelling, judicious, and elegantly written. Fabulous!” —David Rudenstine, Dean, Benjamin N. Cardozo School of Law, Yeshiva University “Stephen Solomon’s Ellery’s Protest provides a brilliant analysis of a major Supreme Court decision that redefined the relationship between church and state almost a half century ago. This study goes well beyond simply offering a gripping account of the course of litigation that brought before the Justices the contentious issue of prayer and Bible reading in public schools, though the thoroughness of that account would merit careful reading by itself. Especially impressive is the author’s deep probing of hitherto neglected sources, and invaluable primary material including extensive direct contact with the plaintiff, the ‘Ellery’ of the book’s title. Finally, and perhaps most impressive, is Solomon’s careful placement of the issue and the case in a far broader context that is as critical to national life and policy today as it was four and a half decades ago when the high Court first tackled these questions.” —Robert O’Neil, Professor of Law, University of Virginia Great legal decisions often result from the heroic actions of average citizens. Ellery’s Protest is the story of how one student’s objection to mandatory school prayer and Bible reading led to one of the most controversial court cases of the twentieth century—and a decision that still reverberates in the battle over the role of religion in public life. Abington School District v. Schempp began its journey through the nation’s courts in 1956, when sixteen-year-old Ellery Schempp protested his public school’s compulsory prayer and Bible-reading period by reading silently from the Koran. Ejected from class for his actions, Schempp sued the school district. The Supreme Court’s decision in his favor was one of the most important rulings on religious freedom in our nation’s history. It prompted a conservative backlash that continues to this day, in the skirmishes over school prayer, the teaching of creationism and intelligent design, and the recitation of the Pledge of Allegiance with the phrase “under God.” Author Stephen D. Solomon tells the fascinating personal and legal drama of the Schempp case: the family’s struggle against the ugly reactions of neighbors, and the impassioned courtroom clashes as brilliant lawyers on both sides argued about the meaning of religious freedom. But Schempp was not the only case challenging religious exercises in the schools at the time, and Ellery’s Protest describes the race to the Supreme Court among the attorneys for four such cases, including one involving the colorful atheist Madalyn Murray. Solomon also explores the political, cultural, and religious roots of the controversy. Contrary to popular belief, liberal justices did not kick God out of the public schools. Bitter conflict over school Bible reading had long divided Protestants and Catholics in the United States. Eventually, it was the American people themselves who removed most religious exercises from public education as a more religiously diverse nation chose tolerance over sectarianism. Ellery’s Protest offers a vivid account of the case that embodied this change, and a reminder that conservative justices of the 1950s and 60s not only signed on to the Schempp decision, but strongly endorsed the separation of church and state.

Download or read book Unconstitutional Solitude written by Charlie Eastaugh and published by Springer. This book was released on 2017-10-11 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines American solitary confinement – in which around 100,000 prisoners are held at any one time – and argues that under a moral reading of individual rights such punishment is not only a matter of public interest, but requires close constitutional scrutiny. While Eighth Amendment precedent has otherwise experienced a generational fixation on the death penalty, this book argues that such scrutiny must be extended to the hidden corners of the US prison system. Despite significant reforms to capital sentencing by the executive and legislative branches, Eastaugh shows how the American prison system as a whole has escaped meaningful judicial oversight. Drawing on a wide range of socio-political contexts in order to breathe meaning into the moral principles underlying the punishments clause, the study includes an extensive review of professional (medico-legal) consensus and comparative transnational human rights standards united against prolonged solitary confinement. Ultimately, Eastaugh argues that this practice is unconstitutional. An informed and empowering text, this book will be of particular interest to scholars of law, punishment, and the criminal justice system.

Download or read book An Other s Mind written by Luis Quiros and published by Author House. This book was released on 2011-01-14 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: An Others Mind is a landmark and brilliant piece of research on Social Policy and its relationship with covert and overt institutional racism. Professor Quiros addresses everyday racism in corporate America, not-for-profit agencies and academic settings. It is written with a combination of depth and clarity of the haves and have nots. He gives clear examples of discrimination, oppression and poorly integrated aspects of self and proposes ways we can arrive at a more clear-eyed vision of a truly democratic nation. His building blocks are historical theories and live case studies of various situations that demonstrate both the tragedies of omission and neglect perpetuated by the elites in our society. Quiros passionate and intra-psychic experience in conjunction with his detailed research, evident in our everyday lives as he presents it, is a real eye-opener for the United States and its myriad of cultures and people. Maria Muoz Kantha, PhD, LCSW is an activist, educator and Mental Health Consultant in NYC

Download or read book The Court and the World written by Stephen Breyer and published by Vintage. This book was released on 2015-09-15 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this original, far-reaching, and timely book, Justice Stephen Breyer examines the work of the Supreme Court of the United States in an increasingly interconnected world, a world in which all sorts of activity, both public and private—from the conduct of national security policy to the conduct of international trade—obliges the Court to understand and consider circumstances beyond America’s borders. It is a world of instant communications, lightning-fast commerce, and shared problems (like public health threats and environmental degradation), and it is one in which the lives of Americans are routinely linked ever more pervasively to those of people in foreign lands. Indeed, at a moment when anyone may engage in direct transactions internationally for services previously bought and sold only locally (lodging, for instance, through online sites), it has become clear that, even in ordinary matters, judicial awareness can no longer stop at the water’s edge. To trace how foreign considerations have come to inform the thinking of the Court, Justice Breyer begins with that area of the law in which they have always figured prominently: national security in its constitutional dimension—how should the Court balance this imperative with others, chiefly the protection of basic liberties, in its review of presidential and congressional actions? He goes on to show that as the world has grown steadily “smaller,” the Court’s horizons have inevitably expanded: it has been obliged to consider a great many more matters that now cross borders. What is the geographical reach of an American statute concerning, say, securities fraud, antitrust violations, or copyright protections? And in deciding such matters, can the Court interpret American laws so that they might work more efficiently with similar laws in other nations? While Americans must necessarily determine their own laws through democratic process, increasingly, the smooth operation of American law—and, by extension, the advancement of American interests and values—depends on its working in harmony with that of other jurisdictions. Justice Breyer describes how the aim of cultivating such harmony, as well as the expansion of the rule of law overall, with its attendant benefits, has drawn American jurists into the relatively new role of “constitutional diplomats,” a little remarked but increasingly important job for them in this fast-changing world. Written with unique authority and perspective, The Court and the World reveals an emergent reality few Americans observe directly but one that affects the life of every one of us. Here is an invaluable understanding for lawyers and non-lawyers alike.

Download or read book Hijacking History written by Kathleen Wellman and published by Oxford University Press. This book was released on 2021-08-18 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: The teaching of history has long been the subject of partisan warfare. Religion often plays a prominent role in these debates, as secular progressives and conservative Christians disagree over which historical figures are worthy of study, how (or whether) certain events should be portrayed, and ultimately how tax dollars should be spent. But what about students who are educated outside the public schools, either in religious schools or at home? How are they learning history, and what effect does that have on our democracy? Hijacking History analyzes the high school world history textbooks produced by the three most influential publishers of Christian educational materials. In these books, the historian, informed by his faith, tells the allegedly unbiased story of God's actions as interpreted through the Bible. History becomes a weapon to judge and condemn civilizations that do not accept the true God or adopt "biblical" positions. In their treatment of the modern world, these texts identify ungodly ideas to be vanquished-evolution, humanism, biblical modernism, socialism, and climate science among them. The judgments found in these textbooks, Kathleen Wellman shows, are rooted in the history of American evangelicals and fundamentalists and the battles they fought against the tide of secularism. In assuming that God sanctions fundamentalist positions on social, political, and economic issues, students are led to believe that that the ultimate mission of America is to succeed as a nation that advances evangelical Christianity and capitalism throughout the world. The Christianity presented in these textbooks is proselytizing, intolerant of other religions and non-evangelical Christians, and unquestionably anchored to the political right. As Hijacking History argues, the ideas these textbooks promote have significant implications for contemporary debates about religion, politics, and education, and pose a direct challenge to the values of a pluralistic democracy.