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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: Noel Ignatiev Publisher: Routledge ISBN: 1135070695 Category : History Languages : en Pages : 289
Book Description
'...from time to time a study comes along that truly can be called ‘path breaking,’ ‘seminal,’ ‘essential,’ a ‘must read.’ How the Irish Became White is such a study.' John Bracey, W.E.B. Du Bois Department of Afro-American Studies, University of Massachussetts, Amherst The Irish came to America in the eighteenth century, fleeing a homeland under foreign occupation and a caste system that regarded them as the lowest form of humanity. In the new country – a land of opportunity – they found a very different form of social hierarchy, one that was based on the color of a person’s skin. Noel Ignatiev’s 1995 book – the first published work of one of America’s leading and most controversial historians – tells the story of how the oppressed became the oppressors; how the new Irish immigrants achieved acceptance among an initially hostile population only by proving that they could be more brutal in their oppression of African Americans than the nativists. This is the story of How the Irish Became White.
Author: David Hosansky Publisher: CQ Press ISBN: 1544350651 Category : Political Science Languages : en Pages : 745
Book Description
Chronicling the polarized partisan environment during the President Barack Obama’s second term, Congress and the Nation 2013-2016, Vol. XIV is the most authoritative reference on congressional lawmaking and trends during the 113th and 114th Congresses. The newest edition in this award-winning series documents the most fiercely debated issues during this period, including: The unprecedented federal government shutdown, The strike down of the Defense of Marriage Act as unconstitutional, End of the filibuster for most executive and judicial branch nominees, Changes to the Dodd–Frank Act, Israeli Prime Minister Netanyahu and Pope Francis address joint sessions, Sexual Assault Survivors′ Rights Act passed, overhauling rape kit processing and establishment of victim bill of rights, SPACE Act passed, allowing commercial exploration of space. No other source guides readers seamlessly through the policy output of the national legislature with the breadth, depth, and authority of Congress and the Nation. This is a landmark series is a must-have reference for all academic libraries and meets the needs of the full spectrum of users, from lower-level undergraduates through researchers and faculty.
Author: Daniel W. Webster Publisher: JHU Press ISBN: 1421411113 Category : Medical Languages : en Pages : 320
Book Description
The book includes an analysis of the constitutionality of many recommended policies and data from a national public opinion poll that reflects support among the majority of Americans—including gun owners—for stronger gun policies.
Author: Kai Ambos Publisher: Cambridge University Press ISBN: 1108483399 Category : Law Languages : en Pages : 507
Book Description
A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.
Author: Betty J. Hudson Publisher: University of Georgia, Carl Vinson Institute of Government ISBN: 9780898542301 Category : County government Languages : en Pages : 604
Book Description
"Published in cooperation with the Association County Commissioners of Georgia."
Author: Taylor C. Sherman Publisher: Routledge ISBN: 1135224862 Category : History Languages : en Pages : 259
Book Description
Exploring violent confrontation between the state and the population in colonial and postcolonial India, this book is both a study of the ways in which governments in India used collective coercion and state violence against the population, and a cultural history of how acts of state violence were interpreted by the population.
Author: Goodwin Liu
Author: Goodwin Liu
Author: Noel Ignatiev
Author: David Hosansky
Author: Daniel W. Webster
Author: Kai Ambos
Author: Betty J. Hudson
Author: United States. Bureau of the Census
Author: Ohio. General Assembly. Legislative Service Commission
Author: Taylor C. Sherman
Author: Paul Mason