Author: Hannis TaylorPublisher:
ISBN:
Category : Administrative law
Languages : en
Pages : 1034
Book Description
Due Process of Law and the Equal Protection of the Laws
Author: Hannis TaylorPublisher:
ISBN:
Category : Administrative law
Languages : en
Pages : 1034
Book Description
Due Process of Law and the Equal Protection of the Laws as Developed by the United States Supreme Court Under the Fourteenth Amendment to the Constitution of the United States
Author: John A. HartpencePublisher:
ISBN:
Category : Due process of law
Languages : en
Pages : 204
Book Description
Due Process of Law and the Equal Protection of the Laws; a Treatise Based, in the Main, on the Cases in Which the Supreme Court of the United States H
Author: Hannis TaylorPublisher: Theclassics.Us
ISBN: 9781230393254
Category :
Languages : en
Pages : 340
Book Description
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1917 edition. Excerpt: ... the former less serious to corporations. On the other hand, the threat of extinction or ouster is not monstrous, and yet is likely to, achieve the result with corporations, while it would be extravagant as applied to men. Hence, this difference is justifiable. Standard Oil Co. v. Tennessee ex rel. Cates, 217 U. S. 413. 572. Appeal by government in criminal case. Congress could, by the act of March 2, 1907, authorize the government to bring up a criminal case from a Federal Circuit Court to the Supreme Court when a demurrer to an indictment has been sustained, although the same privilege is denied the accused when the indictment is sustained, --even assuming that the United States is bound to afford the equal protection of the laws to persons within its jurisdiction. The Supreme Court has decided that the right of appeal is not essential to due process of law. Even if the explicit clause of the Fourteenth Amendment, forbidding a state to deny to any person within its jurisdiction the equal protection of its laws, can be said to apply to the United States, it can have no broader meaning when so applied, than when applied to the states. Even assuming that Congress may not discriminate in its legislation, it certainly has the power of classification, and the act in question is well within such power. United States v. Heinze, 218 U. S. 532. 573. Classification of prisoners committing assaults. Singling out convicts serving life sentences in a state prison as proper subjects for the imposition of the death penalty, as is done by the California penal code, in case they shall, with malice aforethought, commit an assault upon the person of another with a deadly weapon or instrument, or by any means of force likely to produce great...
The Arc of Due Process in American Constitutional Law
Author: E. Thomas SullivanPublisher: Oxford University Press
ISBN: 0199990816
Category : Law
Languages : en
Pages : 264
Book Description
Topics such as military tribunals, same-sex marriage, informative privacy, reproductive rights, affirmative action, and states' rights fill the landscape of contemporary legal debate and media discussion, and they all fall under the umbrella of the Due Process Clauses of the United States Constitution. However, what is not always fully understood is the constitutional basis of these rights, or the exact list of due process rights as they have evolved over time through judicial interpretation. In The Arc of Due Process in American Constitutional Law, Sullivan and Massaro describe the intricate history of what are currently considered due process rights, and maintain that modern constitutional theory and practice must adhere to it. The authors focus on the origins and contemporary uses of due process principles in American constitutional law, while offering an overarching description of the factors or normative concepts that allow courts to invalidate a government action on the grounds of due process. They also analyze judicial interpretations and expressions as a key manner and perhaps the most powerful source of how due process has taken form in the United States. In the process of charting this arc, the authors describe the judicial analysis of rights within each category applying an illustrative list, and identify several fundamental norms that span these disparate threads of due process and the most salient principles that animate due process doctrine.
Magna Carta
Author: Randy James HollandPublisher:
ISBN: 9780314676719
Category : Constitutional history
Languages : en
Pages : 0
Book Description
An authoritative two volume dictionary covering English law from earliest times up to the present day, giving a definition and an explanation of every legal term old and new. Provides detailed statements of legal terms as well as their historical context.
Origin and Development of the Concept of Due Process of Law
Author: Rodney Loomer MottPublisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 796
Book Description
Due Process of Law and the Equal Protection of the Laws
Author: The Fourteenth Amendment
Author: David L. HudsonPublisher: Enslow Publishing
ISBN: 9780766019041
Category : Juvenile Nonfiction
Languages : en
Pages : 132
Book Description
Explores the significance of the Fourtheenth Amendment through the country's history and legal cases and discusses why there was a need for this amendment, how it was created, and fully explains the major sections and clauses.
Constitutional Law
Author: Louis Michael SeidmanPublisher:
ISBN:
Category : Civil rights
Languages : en
Pages : 350
Book Description
This volume provides a brief, but comprehensive, analysis of the doctrine and theory that glosses the Constitutionâe(tm)s guarantee of equal protection. Topics covered include an analysis of rational basis review, an explanation of the difference between heightened scrutiny for fundamental rights and substantive protection of those rights, an analysis of the role of âeoepurposeâe and âeoeeffectâe in equal protection doctrine, and discussions of gender discrimination and affirmative action.
The Original Meaning of the Fourteenth Amendment
Author: Randy E. BarnettPublisher: Harvard University Press
ISBN: 0674270134
Category : Law
Languages : en
Pages : 489
Book Description
A Federalist Notable Book “An important contribution to our understanding of the 14th Amendment.” —Wall Street Journal “By any standard an important contribution...A must-read.” —National Review “The most detailed legal history to date of the constitutional amendment that changed American law more than any before or since...The corpus of legal scholarship is richer for it.” —Washington Examiner 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, the Supreme Court has long misunderstood or ignored the original meaning of its key Section I clauses. Barnett and Bernick contend that the Fourteenth Amendment must be understood as the culmination of decades of debate about the meaning of the antebellum Constitution. In the course of this debate, antislavery advocates advanced arguments informed by natural rights, the Declaration of Independence, and the common law, as well as what is today called public-meaning originalism. The authors show how these arguments and the principles of the Declaration in particular eventually came to modify the Constitution. They also propose workable doctrines for implementing the amendment’s key provisions covering the privileges and immunities of citizenship, due process, and equal protection under the law.