Download or read book Losing Liberty Judicially written by Thomas James Norton and published by . This book was released on 1928 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The discussion has to do solely with the power of government in the United States under the Constitution and the liberty of the man under the same instrument."--Preface.
Download or read book Losing Liberty Judicially written by Thomas James Norton and published by Fred B Rothman & Company. This book was released on 1928 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Losing Liberty Judicially written by Ernest H. Cherrington and published by . This book was released on 192? with total page 6 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 The Dred Scott Case written by Roger Brooke Taney and published by Legare Street Press. This book was released on 2022-10-27 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Washington University Libraries presents an online exhibit of documents regarding the Dred Scott case. American slave Dred Scott (1795?-1858) and his wife Harriet filed suit for their freedom in the Saint Louis Circuit Court in 1846. The U.S. Supreme Court decided in 1857 that the Scotts must remain slaves.
Download or read book Taking the Constitution Away from the Courts written by Mark Tushnet and published by Princeton University Press. This book was released on 2000-07-24 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: Here a leading scholar in constitutional law, Mark Tushnet, challenges hallowed American traditions of judicial review and judicial supremacy, which allow U.S. judges to invalidate "unconstitutional" governmental actions. Many people, particularly liberals, have "warm and fuzzy" feelings about judicial review. They are nervous about what might happen to unprotected constitutional provisions in the chaotic worlds of practical politics and everyday life. By examining a wide range of situations involving constitutional rights, Tushnet vigorously encourages us all to take responsibility for protecting our liberties. Guarding them is not the preserve of judges, he maintains, but a commitment of the citizenry to define itself as "We the People of the United States." The Constitution belongs to us collectively, as we act in political dialogue with each other--whether in the street, in the voting booth, or in the legislature as representatives of others. Tushnet urges that we create a "populist" constitutional law in which judicial declarations deserve no special consideration. But he warns that in so doing we must pursue reasonable interpretations of the "thin Constitution"--the fundamental American principles embodied in the Declaration of Independence and the Preamble to the Constitution. A populist Constitution, he maintains, will be more effective than a document exclusively protected by the courts. Tushnet believes, for example, that the serious problems of the communist scare of the 1950s were aggravated when Senator Joseph McCarthy's opponents were lulled into inaction, believing that the judicial branch would step in and declare McCarthy's actions unconstitutional. Instead of fulfilling the expectations, the Court allowed McCarthy to continue his crusade until it was ended. Tushnet points out that in this context and in many others, errors occurred because of the existence of judicial review: neither the People nor their representatives felt empowered to enforce the Constitution because they mistakenly counted on the courts to do so. Tushnet's clarion call for a new kind of constitutional law will be essential reading for constitutional law experts, political scientists, and others interested in how and if the freedoms of the American Republic can survive into the twenty-first century.
Download or read book The Judicial Application of Human Rights Law written by Nihal Jayawickrama and published by Cambridge University Press. This book was released on 2002-12-12 with total page 1104 pages. Available in PDF, EPUB and Kindle. Book excerpt: 10 The right to life
Download or read book Government by Judiciary written by Raoul Berger and published by Studies in Jurisprudence and L. This book was released on 1997 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is Berger's theory that the United States Supreme Court has embarked on "a continuing revision of the Constitution, under the guise of interpretation," thereby subverting America's democratic institutions and wreaking havoc upon Americans' social and political lives. Raoul Berger (1901-2000) was Charles Warren Senior Fellow in American Legal History, Harvard University. Please note: This title is available as an ebook for purchase on Amazon, Barnes and Noble, and iTunes.
Download or read book Liberty Law and Justice written by James Norman Dalrymple Anderson and published by Stevens Publishing. This book was released on 1978 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Unconstitutionality of Slavery written by Lysander Spooner and published by ReadHowYouWant.com. This book was released on 1845 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book On Liberty written by John Stuart Mill and published by . This book was released on 1895 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Bar Association Bulletin written by and published by . This book was released on 1927 with total page 1276 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Commentary on the International Covenant on Civil and Political Rights written by Paul M. Taylor and published by Cambridge University Press. This book was released on 2020-07-02 with total page 1340 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new and an essential reference work for any international human rights law academic, student or practitioner, A Commentary on the International Covenant on Civil and Political Rights spans all substantive rights of the International Covenant on Civil and Political Rights (ICCPR), approached from the perspective of the ICCPR as an integrated, coherent scheme of rights protection. In detailed coverage of the Human Rights Committee's output when monitoring ICCPR compliance, Paul M. Taylor offers extraordinary access to forty years of its Concluding Observations, Views and General Comments organised thematically. This Commentary is a solid and practical introduction to any and all of the civil and political rights in the ICCPR, and a rare resource explaining the requirements for domestic implementation of ICCPR standards. An indispensable research tool for any serious enquirer into the subject, the Commentary speaks to the accomplishments of the ICCPR in striving for universal human rights standards.
Download or read book The War On Our Freedoms written by Richard C. Leone and published by Public Affairs. This book was released on 2003-06-19 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the consequences of the war on terrorism through the loss of civil liberties in the name of homeland security.
Download or read book The Nation written by and published by . This book was released on 1928 with total page 1494 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Collected Works of James Wilson written by James Wilson and published by . This book was released on 2007 with total page 786 pages. Available in PDF, EPUB and Kindle. Book excerpt: This two-volume set brings together a collection of writings and speeches by James Wilson, one of only six signers of both the Declaration of Independence and the United States Constitution. His works had a significant impact on the deliberations that produced the cornerstone documents of American democracy.
Download or read book The Supreme Court and the Constitution written by Charles A. Beard and published by Courier Corporation. This book was released on 2012-07-17 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: A thorough analysis of the early history and development of judicial review, this book by a preeminent scholar ranks among the most cited and highly regarded texts on law and government.
