Download or read book The Right to Travel and the Problem of Unenumerated Constitutional Rights written by Lonnie Shirl Turner and published by . This book was released on 1984 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Citizenship as Foundation of Rights written by Richard Sobel and published by Cambridge University Press. This book was released on 2016-10-26 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: Citizenship as Foundation of Rights explores the nature and meaning of American citizenship and the rights flowing from citizenship in the context of current debates around politics, including immigration. The book explains the sources of citizenship rights in the Constitution and focuses on three key citizenship rights - the right to vote, the right to employment, and the right to travel in the US. It explains why those rights are fundamental and how national identification systems and ID requirements to vote, work and travel undermine the fundamental citizen rights. Richard Sobel analyzes how protecting citizens' rights preserves them for future generations of citizens and aspiring citizens here. No other book offers such a clarification of fundamental citizen rights and explains how ID schemes contradict and undermine the constitutional rights of American citizenship.
Download or read book A Developing Pattern of Unenumerated Individual Rights in the United States Constitution written by Fred Abraham Swide and published by . This book was released on 1971 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Silent Rights written by Calvin R. Massey and published by . This book was released on 1995 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right to be presumed innocence; the right to privacy; the right to equal protection under the law; the right to travel, marry, or have children and the right of a woman to terminate her pregnancy—these are a few of the many constitutional rights never mentioned explicitly in the Constitution. Such rights can be, but often aren't, supported by invoking the Ninth Amendment. Because of its open-endedness, the Ninth Amendment is still mired in an ill-fated perception as a constitutional nonentity and a legislative tradition that ignores its potential. As an antidote to this entrenched tradition, Calvin R. Massey presents a comprehensive and sensible account of how the Ninth Amendment could be, and has been, used to secure and preserve individual rights. For example, in a recent ruling the Supreme Court held that the right to terminate pregnancy was protected by the due process clause; in doing so, it cited the Ninth Amendment. By looking at such decisions and at its various interpretations in the literature, Massey explores the Ninth Amendment's original meaning and function, and the intention of its authors to prevent the creation of implied powers in the federal government and ensure that the bill of rights not become an exhaustive list of human rights. Massey presents a new method for recognizing implied constitutional rights and the possible contemporary role of the Ninth Amendment in constitutional law—a formula in which state constitutions would assume a larger role in fashioning unenumerated rights and the Supreme Court's voice would be less final. Author note:Calvin R. Masseyis Professor of Law at Hastings College of the Law, University of California, San Francisco, and the co-author ofThe California State Constitution.
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 Freedom and the Court written by Henry Julian Abraham and published by New York: Oxford University Press. This book was released on 1977 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Bill of Rights written by Linda R. Monk and published by Hachette Books. This book was released on 2018-04-10 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt: With a foreword by Justice Ruth Bader Ginsburg of the U.S. Supreme Court. An Engaging, Accessible Guide to the Bill of Rights for Everyday Citizens. In The Bill of Rights: A User's Guide, award-winning author and constitutional scholar Linda R. Monk explores the remarkable history of the Bill of Rights amendment by amendment, the Supreme Court's interpretation of each right, and the power of citizens to enforce those rights. Stories of the ordinary people who made the Bill of Rights come alive are featured throughout. These include Fannie Lou Hamer, a Mississippi sharecropper who became a national civil rights leader; Clarence Earl Gideon, a prisoner whose handwritten petition to the Supreme Court expanded the right to counsel; Mary Beth Tinker, a 13-year-old whose protest of the Vietnam War established free speech rights for students; Michael Hardwick, a bartender who fought for privacy after police entered his bedroom unlawfully; Suzette Kelo, a nurse who opposed the city's takeover of her working-class neighborhood; and Simon Tam, a millennial whose 10-year trademark battle for his band "The Slants" ended in a unanimous Supreme Court victory. Such people prove that, in the words of Judge Learned Hand, "Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court, can save it." Exploring the history, scope, and meaning of the first ten amendments-as well as the Fourteenth Amendment, which nationalized them and extended new rights of equality to all-The Bill of Rights: A User's Guide is a powerful examination of the values that define American life and the tools that every citizen needs.
Download or read book Judges Politics and the Irish Constitution written by Laura Cahillane and published by . This book was released on 2017 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of essays on politics and judicial power in Ireland, featuring contributions from scholars, judges and legal practitioners.
Download or read book The Words We Live By written by Linda R. Monk and published by Hachette Books. This book was released on 2015-08-11 with total page 674 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Words We Live By takes an entertaining and informative look at America's most important historical document, now with discussions on new rulings on hot button issues such as immigration, gay marriage, gun control, and affirmative action. In The Words We Live By, Linda Monk probes the idea that the Constitution may seem to offer cut-and-dried answers to questions regarding personal rights, but the interpretations of this hallowed document are nearly infinite. For example, in the debate over gun control, does "the right of the people to bear arms" as stated in the Second Amendment pertain to individual citizens or regulated militias? What do scholars say? Should the Internet be regulated and censored, or does this impinge on the freedom of speech as defined in the First Amendment? These and other issues vary depending on the interpretation of the Constitution. Through entertaining and informative annotations, The Words We Live By offers a new way of looking at the Constitution. Its pages reflect a critical, respectful and appreciative look at one of history's greatest documents. The Words We Live By is filled with a rich and engaging historical perspective along with enough surprises and fascinating facts and illustrations to prove that your Constitution is a living -- and entertaining -- document. Updated now for the first time, The Words We Live By continues to take an entertaining and informative look at America's most important historical document, now with discussions on new rulings on hot button issues such as immigration, gay marriage, and affirmative action.
Download or read book The Original Meaning of the Fourteenth Amendment written by Randy E. Barnett and published by Harvard University Press. This book was released on 2021-11-02 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: A renowned constitutional scholar and a rising star provide a balanced and definitive analysis of the origins and original meaning of the Fourteenth Amendment. Adopted in 1868, the Fourteenth Amendment profoundly changed the Constitution, giving the federal judiciary and Congress new powers to protect the fundamental rights of individuals from being violated by the states. Yet, according to Randy Barnett and Evan Bernick, the Supreme Court has long misunderstood or ignored the original meaning of the amendmentÕs key clauses, covering the privileges and immunities of citizenship, due process of law, and the equal protection of the laws. Barnett and Bernick contend that the Fourteenth Amendment was the culmination of decades of debates about the meaning of the antebellum Constitution. Antislavery advocates advanced arguments informed by natural rights, the Declaration of Independence, and the common law. They also utilized what is today called public-meaning originalism. Although their arguments lost in the courts, the Republican Party was formed to advance an antislavery political agenda, eventually bringing about abolition. Then, when abolition alone proved insufficient to thwart Southern repression and provide for civil equality, the Fourteenth Amendment was enacted. It went beyond abolition to enshrine in the Constitution the concept of Republican citizenship and granted Congress power to protect fundamental rights and ensure equality before the law. Finally, Congress used its powers to pass Reconstruction-era civil rights laws that tell us much about the original scope of the amendment. With evenhanded attention to primary sources, The Original Meaning of the Fourteenth Amendment shows how the principles of the Declaration eventually came to modify the Constitution and proposes workable doctrines for implementing the key provisions of Section 1 of the Fourteenth Amendment.
Download or read book The Lost History of the Ninth Amendment written by Kurt T. Lash and published by Oxford University Press. This book was released on 2009 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most important aspect of this book is its presentation of newly uncovered historical evidence which calls into question the currently presumed meaning and application of the Ninth Amendment.
Download or read book The Charter Revolution and the Court Party written by F.L. Morton and published by Peterborough, Ont. : Broadview Press. This book was released on 2000-04 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Here finally is a book that unveils the politics that infuse Canadian courts and their decisions ... and warns us of the effects of a judicialized politics on our democratic traditions." - Leslie A. Pal, Carleton University
Download or read book Dissertation Abstracts International written by and published by . This book was released on 1981-07 with total page 598 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Invisible Constitution in Comparative Perspective written by Rosalind Dixon and published by Cambridge University Press. This book was released on 2018-11-08 with total page 595 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutions worldwide inevitably have 'invisible' features: they have silences and lacunae, unwritten or conventional underpinnings, and social and political dimensions not apparent to certain observers. The Invisible Constitution in Comparative Perspective helps us understand these dimensions to contemporary constitutions, and their role in the interpretation, legitimacy and stability of different constitutional systems. This volume provides a nuanced theoretical discussion of the idea of 'invisibility' in a constitutional context, and its relationship to more traditional understandings of written versus unwritten constitutionalism. Containing a rich array of case studies, including discussions of constitutional practice in Australia, Canada, China, Germany, Hong Kong, Israel, Italy, Indonesia, Ireland and Malaysia, this book will look at how this aspect of 'invisible constitutions' is manifested across different jurisdictions.
Download or read book The Fourteenth Amendment and the Privileges and Immunities of American Citizenship written by Kurt T. Lash and published by Cambridge University Press. This book was released on 2014-04-07 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the history behind the 1868 addition of the Privileges or Immunities Clause of the Fourteenth Amendment.
Download or read book A New Birth of Freedom written by Charles L. Black and published by Yale University Press. This book was released on 1997-01-01 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Many . . . unwritten rights are somehow inherent in the American scheme of democracy. So where do these freedoms come from? . . . One of the nation`s most venerated thinkers about such matters offers a provocative and refreshing way to answer that question."—Neil A. Lewis, New York Times Book Review "An appealing interpretation of the founding papers."—Michael G. Radigan, New York Law Journal "A remarkably interesting book. It offers a way of looking at the Constitution that I had not thought about before."—Sanford Levinson, School of Law, University of Texas at Austin One of the most respected scholars of constitutional law here argues for a national commitment to human rights based on his interpretation of three critical documents: the Declaration of Independence, the Ninth Amendment to the Constitution, and the "citizenship" and "privileges and immunities" clauses of the Fourteenth Amendment. The book presents a powerful case for reviewing and renewing the basis of our most important human rights.
Download or read book Essential Supreme Court Decisions written by John R. Vile and published by Rowman & Littlefield Publishers. This book was released on 2010-12-28 with total page 574 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1954, this indispensable reference quickly became the gold standard for concise summaries of important U.S. Supreme Court cases. The only reference guide to Supreme Court cases organized both topically and chronologically within chapters so that readers understand how cases fit into a historical context, the 15th edition has been extensively revised to ensure that it remains the most up-to-date resource available. An essential resource for law students, lawyers, and everyone interested in our nation's Constitution and the Supreme Court decisions that explicate it.
