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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: Elizabeth Eddy Publisher: Routledge ISBN: 1351493876 Category : Law Languages : en Pages : 128
Book Description
There are few issues as controversial as where to draw the line between church and state. The framers of the Constitution's Bill of Rights began their blueprint for freedom by drawing exactly such a line. Th e fi rst clauses of the First Amendment provide: "Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof." Th e justices of the Supreme Court have not been wanting for advice from self-appointed guardians. Th e diffi culty with such advice is that the contestants are more convincing when they criticize their opponents' interpretations than when they seek to establish the validity of their own.
Author: Tom Gerald Daly Publisher: Cambridge University Press ISBN: 1108417949 Category : Law Languages : en Pages : 397
Book Description
This book presents a searching critique of excessive reliance on courts as 'democracy-builders' in states emerging from authoritarian rule.
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: Robert H. Jackson Publisher: ISBN: Category : Conflict of laws Languages : en Pages : 60
Book Description
"The fourth annual Benjamin N. Cardozo lecture, delivered December 7, 1944 before the Association of the Bar of the City of New York, under the auspices of its Committee on Post-admission Legal Education."--3d prelim. leaf.
Author: Antonin Scalia Publisher: Forum Books ISBN: 1984823329 Category : Religion Languages : en Pages : 258
Book Description
On Faith is an inspiring collection of the late Supreme Court justice Antonin Scalia's reflections on his own faith, on the challenges that religious believers face in modern America, and on the religious freedoms protected by the Constitution. Featuring a personal introduction by Justice Scalia's son Father Paul Scalia, this volume will enrich every reader's understanding of the legendary justice. Antonin Scalia reflected deeply on matters of religion and shared his insights with many audiences over the course of his remarkable career. As a Supreme Court justice for three decades, he vigorously defended the American constitutional tradition of allowing religion a prominent place in the public square. As a man of faith, he recognized the special challenges of living a distinctively religious life in modern America, and he inspired other believers to meet those challenges. This volume contains Justice Scalia's incisive thoughts on these matters, laced with his characteristic wit. It includes outstanding speeches featured in Scalia Speaks and also draws from his Supreme Court opinions and his articles. In addition to the introduction by Fr. Scalia, other highlights include Fr. Scalia's beautiful homily at his father's funeral Mass and reminiscences from various friends and law clerks whose lives were influenced by Antonin Scalia's faith.
Author: Catharine Cookson Publisher: Oxford University Press ISBN: 0198029624 Category : Religion Languages : en Pages : 282
Book Description
Jurisprudence regarding the "free exercise of religion" clause of the U.S. Constitution is in a state of confusion. There has been a series of rapid changes in the standard used by the Supreme Court to determine when a statute impermissibly restricts free exercise. The trend is now towards greater acceptance of government claims about the importance of regulation over religious practices. Here, Cookson challenges the wisdom of this judicial drift, and its false dichotomy between anarchy and a system that respects religious freedom. In its place she offers a new, practical approach to resolving free exercise conflicts that could be used in both federal and state courts. Cookson shows the reader how violations of religious freedom affect the community whose values are at stake.
Author: Jack Phillips Publisher: Simon and Schuster ISBN: 1684510996 Category : Religion Languages : en Pages : 226
Book Description
Master cake artist and a man of profound faith, Jack Phillips found himself in the middle of one of the highest-profile religious freedom cases of the century. In July 2012, two men came to Jack Phillips's shop requesting a custom wedding cake celebrating their same-sex marriage. In a brief exchange, Jack politely declined the request, explaining that he could not design cakes for same-sex weddings but offered to design cakes for other occasions and to sell them anything else in his shop. Little did Jack know that his quiet stand for his Christian convictions about marriage would become a battle for the right of all Americans to live out their faith. Now, Jack Phillips shares his harrowing experience for the first time in this powerful new memoir. The Cost of My Faith is Jack’s firsthand account from the frontlines of the battle with a culture that is making every effort to remove God from the public square and a government denying Bible-believing Christians the right to freely exercise their religious beliefs. Despite a Supreme Court victory in Masterpiece Cakeshop v. Colorado Civil Rights Commission, the fight to protect the right of Americans to freely exercise their beliefs is more critical than ever. The Cost of My Faith provides new insight into the case that shook the country and offers readers courage and inspiration to stand and live out their faith when facing their own battles.
Author: Goodwin Liu
Author: Elizabeth Eddy
Author: Tom Gerald Daly
Author: Goodwin Liu
Author: William Bentley Ball
Author: Robert H. Jackson
Author: Antonin Scalia
Author: William George Torpey
Author: Philip B. Kurland
Author: Catharine Cookson
Author: Jack Phillips