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Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, the Internet, and Intellectual Property Publisher: ISBN: Category : Constitutional law Languages : en Pages : 136
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, the Internet, and Intellectual Property Publisher: ISBN: Category : Constitutional law Languages : en Pages : 136
Author: United States House of Representatives Publisher: ISBN: 9781660608508 Category : Languages : en Pages : 136
Book Description
Constitution Restoration Act of 2004: hearing before the Subcommittee on Courts, the Internet, and Intellectual Property of the Committee on the Judiciary, House of Representatives, One Hundred Eighth Congress, second session, on H.R. 3799, September 13, 2004.
Author: United States. Congress Publisher: Createspace Independent Publishing Platform ISBN: 9781985307957 Category : Languages : en Pages : 134
Book Description
Constitution Restoration Act of 2004: hearing before the Subcommittee on Courts, the Internet, and Intellectual Property of the Committee on the Judiciary, House of Representatives, One Hundred Eighth Congress, second session, on H.R. 3799, September 13, 2004.
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, the Internet, and Intellectual Property Publisher: ISBN: Category : Constitutional law Languages : en Pages : 136
Author: Randy E. Barnett Publisher: Princeton University Press ISBN: 0691159734 Category : Law Languages : en Pages : 448
Book Description
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.
Author: Thomas Spijkerboer Publisher: Routledge ISBN: 1135308373 Category : Law Languages : en Pages : 285
Book Description
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.
Author: Gary J. Jacobsohn Publisher: Harvard University Press ISBN: 0674047664 Category : Law Languages : en Pages : 389
Book Description
"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.