Download or read book Liberty Property and the Future of Constitutional Development written by Ellen Frankel Paul and published by SUNY Press. This book was released on 1990-07-05 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a discussion of current trends in the constitutional protection of economic liberties. Since the mid-1930s, the Supreme Court has been reluctant to replace legislative judgements on matters of economic regulation with its own. While the Court permits wide legislative experimentation in the economic realm, it scrutinizes governmental attempts to regulate or abridge other civil liberties quite closely. This state of affairs is known as the double standard. The question of the appropriateness of this unequal treatment by the Court of these two classes of liberties generates much of the controversy in this volume. Other topics dealt with include the current trends in (and relevance of) constitutional law for welfare rights, labor unions, and labor law. Recent Supreme Court decisions on property rights also receive much attention.
Download or read book Liberty Property and the Foundations of the American Constitution written by Ellen Frankel Paul and published by SUNY Press. This book was released on 1989-01-01 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cover title: Liberty, property & the foundations of the American constitution. Includes bibliographies and index.
Download or read book Liberty Property and Government written by Ellen Frankel Paul and published by SUNY Press. This book was released on 1989-01-01 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the constitutional protection of economic rights through the nineteenth century and the first three decades of the twentieth. The authors grapple with such questions as: how should the commerce clause be interpreted? To what extent did the historical development of eminent domain law depart from the "rhetoric" of takings jurisprudence? How was the Constitution connected to economic growth in the nineteenth century? What was the effect of the post-/civil War constitutional amendments? How did the right to contract affect government attempts to balance private rights with the public good? What was the reaction of leading constitutional theorists to the dominance of a laissez-fair philosophy in the Court and the nation at the turn of the century?
Download or read book Cornerstone of Liberty written by Timothy Sandefur and published by . This book was released on 2006 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: Real-life stories and solid legal analysis combine to show why property rights are the "cornerstone of liberty," how they are protected in the U.S. Constitution, and how the Supreme Court's Kelo v. New London case has impacted them.
Download or read book Development Constitutional Guarantees Liberty written by Roscoe Pound and published by . This book was released on 1958 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Constitutionalism written by Charles Howard McIlwain and published by The Lawbook Exchange, Ltd.. This book was released on 2005 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines of the rise of constitutionalism from the "democratic strands" in the works of Aristotle and Cicero through the transitional moment between the medieval and the modern eras.
Download or read book Constitutionalism and the Separation of Powers written by M. J. C. Vile and published by . This book was released on 1998 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Vile traces the history of the doctrine from its rise during the English Civil War, through its development in the eighteenth century -- through subsequent political thought and constitution-making in Britain, France, and the United States.
Download or read book An Introduction to the Study of the Law of the Constitution written by A.V. Dicey and published by Springer. This book was released on 1985-09-30 with total page 729 pages. Available in PDF, EPUB and Kindle. Book excerpt: A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.
Download or read book The Constitution of Liberty written by F.A. Hayek and published by Routledge. This book was released on 2020-06-29 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published in 1960, The Constitution of Liberty delineates and defends the principles of a free society and traces the origin, rise, and decline of the rule of law. Casting a skeptical eye on the growth of the welfare state, Hayek examines the challenges to freedom posed by an ever expanding government as well as its corrosive effect on the creation, preservation, and utilization of knowledge. In distinction to those who confidently call for the state to play a greater role in society, Hayek puts forward a nuanced argument for prudence. Guided by this quality, he elegantly demonstrates that a free market system in a democratic polity—under the rule of law and with strong constitutional protections of individual rights—represents the best chance for the continuing existence of liberty. Striking a balance between skepticism and hope, Hayek’s profound insights remain strikingly vital half a century on. This definitive edition of The Constitution of Liberty will give a new generation the opportunity to learn from Hayek’s enduring wisdom.
Download or read book Human Liberty and Freedom of Speech written by C. Edwin Baker and published by Oxford University Press. This book was released on 1992-10-01 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although an inchoate liberty theory of freedom of speech has deep roots in Supreme Court decisions and political history, it has been overshadowed in judicial decisions and scholarly commentary by the marketplace of ideas theory. In this book, Baker critiques the assumptions required by the marketplace of ideas theory and develops the liberty theory, showing its philosophical soundness, persuasiveness, and ability to protect free speech. He argues that First Amendment liberty rights (as well as Fourteenth Amendment equality rights) required by political or moral theory are central to the possibility of progressive change. Problem areas are examined, including the question of whether individual political and civil rights can in principle be distinguished from property rights, freedom of the press, and the use of public spaces for expressive purposes.
Download or read book Liberty Property and Privacy written by Edward Keynes and published by Penn State Press. This book was released on 2010-11-01 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Edward Keynes examines the fundamental-rights philosophy and jurisprudence that affords constitutional protection to unenumerated liberty, property, and privacy rights. He is critical of the failure of the U.S. Supreme Court to adopt a coherent theory for identifying which rights are to be considered fundamental and how these private rights are to be balanced against the public interests that the government has a duty to articulate and promote. Keynes develops his argument by first surveying how substantive due process grew out of the tradition of Anglo-American jurisprudence and came to evolve over time. He pays special attention to the shift in its application early in the twentieth century, from protecting &"liberty of contract&" against economic regulation to protecting &"privacy&" and other noneconomic rights (as in Roe v. Wade) against social regulation.
Download or read book Justice Stephen Field s Cooperative Constitution of Liberty written by Adam M. Carrington and published by Rowman & Littlefield. This book was released on 2017-06-30 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: This bookexamines liberty’s Constitutional meaning through the jurisprudence of Justice Stephen Field, one of the late-Nineteenth Century’s most influential Supreme Court Justices. A Lincoln appointee who served on the Court from 1863-1897, Field articulated a view of Constitutional liberty that speaks to contemporary disputes. Today, some see liberty as protection through government regulation against private oppression. Others see liberty as protection from government through limits on governmental power. Justice Field is often viewed as siding against government power to regulate, acting as a pre-cursor to the infamous “Lochner”Era of the Court. This work explains how Field instead saw both these competing conceptions of liberty as legitimate. In fact, the two cooperated toward a common end. In his opinions, Field argued that protections through and from government worked in tandem to guard fundamental individual rights. In describing this view of liberty, Field addressed key Constitutional provisions that remain a source of debate, including some of the earliest interpretations of the Due Process Clause, its relationship to state police power and civil rights, and some of the earliest assertions of a national police power through the Commerce Clause. This work furthermore addresses the underpinnings of Field’s views, namely that he grounded his reading of the Constitution in the context of the common law and the Declaration of Independence. In his principles as well as his approach, this book argues, Justice Field presents a helpful discussant in ongoing debates regarding the meaning of liberty and of the Constitution.
Download or read book The Bill of Rights in Modern America written by David J. Bodenhamer and published by Indiana University Press. This book was released on 2022-04-05 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the 2020s began, protestors filled the streets, politicians clashed over how to respond to a global pandemic, and new scrutiny was placed on what rights US citizens should be afforded. Newly revised and expanded to address immigration, gay rights, privacy rights, affirmative action, and more, The Bill of Rights in Modern America provides clear insights into the issues currently shaping the United States. Essays explore the law and history behind contentious debates over such topics as gun rights, limits on the powers of law enforcement, the death penalty, abortion, and states' rights. Accessible and easy to read, the discerning research offered in The Bill of Rights in Modern America will help inform critical discussions for years to come.
Download or read book The NSA Report written by President's Review Group on Intelligence and Communications Technologies, The and published by Princeton University Press. This book was released on 2014-03-31 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: The official report that has shaped the international debate about NSA surveillance "We cannot discount the risk, in light of the lessons of our own history, that at some point in the future, high-level government officials will decide that this massive database of extraordinarily sensitive private information is there for the plucking. Americans must never make the mistake of wholly 'trusting' our public officials."—The NSA Report This is the official report that is helping shape the international debate about the unprecedented surveillance activities of the National Security Agency. Commissioned by President Obama following disclosures by former NSA contractor Edward J. Snowden, and written by a preeminent group of intelligence and legal experts, the report examines the extent of NSA programs and calls for dozens of urgent and practical reforms. The result is a blueprint showing how the government can reaffirm its commitment to privacy and civil liberties—without compromising national security.
Download or read book Keeping Faith with the Constitution written by Goodwin Liu and published by Oxford University Press. This book was released on 2010-08-05 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
Download or read book Property Rights written by Polly J. Price and published by Bloomsbury Publishing USA. This book was released on 2003-06-23 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: A survey of the evolution of property rights in the United States—from constitutional protections and due process to private property rights and government-takings doctrines. Legal opinions and public attitudes toward property rights have fluctuated over the years, from periods when almost any infringement of these rights was impermissible, to times in which the government was granted much wider latitude. This book examines the history of individual property ownership in the U.S. from the late colonial era to the present, explaining how property rights were established, defended, and sometimes later reinterpreted. Of special interest are rights that have developed over time, such as due process, just compensation for government "takings" of private property, and the rights landowners may assert against other persons. Of particular interest to today's readers are government regulation of private property for environmental purposes, challenges to zoning regulations, and intellectual property rights in cyberspace.
Download or read book Main Themes in the Debate Over Property Rights written by James W. Ely and published by Taylor & Francis. This book was released on 1997 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: When BBC producer Jan Harding arrives at the small idyllic Suffolk village to begin production of the Palm Sunday broadcast of Songs of Praise--a television program featuring hymns sung by real congregations--she finds out that the vicar, Clive Linton, is hopelessly absent-minded and not impressed that the top BBC religious program chose to come to his church. His practical wife, Helen, however, gets on well with the television team--perhaps a little too well, where the charming, enigmatic rigger Michael is concerned. Soon the whole village gets involved. Bunty Maddocks, queen of every local committee, plots to get around the ban on church flowers during Lent; retired, lonely accountant Jack Diggens finds purpose, faith, and friendship as he plans tickets and seating; teenage soloist Anna surprises herself with her success; and obstructive Charles, chairman of the Parish Council, resents the enthusiasm of other villagers--including his wife, Betty. This delightful story, full of memorable characters and inspiring music, will make you laugh and cry and gives a fascinating insight into the making of a major television broadcast. "Very readable. . . . Warm and witty" --Woman's Weekly "A gripping story which touches some very basic emotions. . . . Captures wonderfully the two extremes of village life. . . . This is very powerful stuff." --Barbara Erskine "Very moving, very powerful intimate moments. . . . I really did enjoy it." --Lynn Parson, BBC Radio 2 "The characters and situations were so good that I got lost in the book. All I can say is, well done, Pam " --The Lincolnshire Echo
