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Author: Goodwin Liu Publisher: Oxford University Press ISBN: 0199752834 Category : Law Languages : en Pages : 274
Book Description
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.
Author: Goodwin Liu Publisher: Oxford University Press ISBN: 0199752834 Category : Law Languages : en Pages : 274
Book Description
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.
Author: Richard H. W. Maloy Publisher: Vandeplas Pub ISBN: 9781600421518 Category : Law Languages : en Pages : 384
Book Description
The three provisions of the U.S. Constitution, Full Faith and Credit Clause, the Privileges and Immunities Clause and the Equal Protection Clause have been presenting problems of understanding for lawyers and jurists since about the time the Constitution was drafted. They apply to so many different factual situations that they defy a cogent description or definition. To solve this dilemma Professor Emeritus Maloy, in his usual adroit manner, has stated verbatim five Uniform Acts and analyzed almost 700 cases in which courts have resolved issues concerning the provisions under examination. This lexicon (word book) has been constructed with the assistance of three brilliant people - two lawyers and a sagacious layman, as well as the scholarly tome "Making Our Democracy Work," recently written by U.S. Supreme Court Justice Steven Breyer, - to whom this book has been dedicated. Only with an understanding of the cases considering the clauses and the observations of a knowledgeable jurist can an understanding of the Constitutional provisions be gained. They cannot be succinctly described. The cases are presented in short understandable wording, with an in-depth presentation of a few of the more complicated ones. This book has, of course, been written for lawyers, but also for those many laymen who have expressed to the author, an interest in those often considered, but seldom completely understood, terms so often used in American jurisprudence. Professor Richard H.W. Maloy holds a Bachelor of Arts degree from Dartmouth College, a Juris Doctor degree from Columbia Law School, and a Master of Laws degree from the University of Miami. During his 34 years of law practice in Miami, Florida he was an Adjunct Professor of Law at the University of Miami and the author of books on appellate practice, pleadings and bankruptcy. For 25 years he continually updated his 14 volume set of Florida Forms of Practice for the law book publisher, Matthew Bender & Co. He has been on the faculty of St. Thomas University School of Law in Miami since 1991, and is a Professor Emeritus at that school, where he teaches Conflict of Laws and Remedies.
Author: Louis Michael Seidman Publisher: Oxford University Press ISBN: 0199898278 Category : Law Languages : en Pages : 175
Book Description
In On Constitutional Disobedience, leading constitutional scholar Louis Michael Seidman explains why constitutional disobedience may well produce a better politics and considers the shape that such disobedience might take. First, though, he stresses that is worth remembering the primary goals of the original Constitution's authors, many of which were unseemly both then and now. Should we really feel obligated to defend our electoral college or various other features that arguably lead to unjust results? Yet many of our political debates revolve around constitutional features that no one loves but which everyone feels obligated to defend. After walking through the various defenses put forth by proponents of the US Constitutional system, Seidman shows why none of them hold up. The solution, he claims, is to abandon our loyalty to many of the document's requirements and instead embrace the Constitution as a 'poetic' vision of a just society. Lest we worry that forsaking the Constitution will result in anarchy, we only need to remember Great Britain, which functions very effectively without a written constitution. If we were to do this, we could design sensible institutions that fit our own era and craft solutions that have the support of today's majorities. Seidman worries that if we continue to embrace the anachronistic commands of a centuries-old document, our political and institutional dysfunction will only increase. The answer is not to abandon the Constitution in its entirety, but to treat it as an inspiration while disobeying the many particulars that deserve to go into history's dustbin.
Author: Jacobus tenBroek Publisher: Univ of California Press ISBN: 0520344847 Category : History Languages : en Pages : 238
Book Description
This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1951.
Author: Arne Marjan Mavcic Publisher: Vandeplas Pub. ISBN: 9781600422973 Category : Law Languages : en Pages : 732
Book Description
This book contains a comparative constitutional analysis of the constitutional/judicial review systems in 208 countries. Itgives a broader overview and deeper knowledge of such systems around the world. The study was created by the students research group of the European Law School to the New University in Slovenia, conducted by professor Arne Marjan Mavčič. The institutional and functional comparative method is making readers familiar with constitutional systems of different countries, drawing on features for individual world regions and considering specific types of constitutional and judicial review. Using a special systemic presentation model, the researchers treat different systems and institutions that hold their exclusive decision-making power on constitutional matters. Their review quite often covers legislative acts that are the highest legal instruments of a specific legal and political system. This gives each constitutional/judicial review institution a special status with power to provide constitutional and/or review under the system of the separation of powers, especially in relation to the legislative power in that it may even annul statutes adopted by the legislative body. Each systemic presentation model is completed depending on the currently available data (sources).
Author: President's Review Group on Intelligence and Communications Technologies, The Publisher: Princeton University Press ISBN: 1400851270 Category : Political Science Languages : en Pages : 287
Book Description
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.
Author: Jeffrey Denys Goldsworthy Publisher: Oxford University Press ISBN: 0199274134 Category : Law Languages : en Pages : 372
Book Description
This book describes the constitutions of six major federations and how they have been interpreted by their highest courts, compares the interpretive methods and underlying principles that have guided the courts, and explores the reasons for major differences between these methods and principles. Among the interpretive methods discussed are textualism, purposivism, structuralism and originalism. Each of the six federations is the subject of a separate chapter written by a leading authority in the field: Jeffrey Goldsworthy (Australia), Peter Hogg (Canada), Donald Kommers (Germany), S.P. Sathe (India), Heinz Klug (South Africa), and Mark Tushnet (United States). Each chapter describes not only the interpretive methodology currently used by the courts, but the evolution of that methodology since the constitution was first enacted. The book also includes a concluding chapter which compares these methodologies, and attempts to explain variations by reference to different social, historical, institutional and political circumstances.
Author: Goodwin Liu
Author: Goodwin Liu
Author: Richard H. W. Maloy
Author: United States. Congress
Author: Louis Michael Seidman
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Author: Jacobus tenBroek
Author: Arne Marjan Mavcic![The popular encyclopedia; or, 'Conversations Lexicon': [ed. by A. Whitelaw from the Encyclopedia Americana]. PDF](https://books.google.com/books/content/images/frontcover/LpSroW3ch-wC?fife=w80-h100)
Author: Popular encyclopedia
Author: President's Review Group on Intelligence and Communications Technologies, The
Author: Jeffrey Denys Goldsworthy