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Keeping Faith with the Constitution

Keeping Faith with the Constitution PDF 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.

Keeping Faith with the Constitution

Keeping Faith with the Constitution PDF 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.

West Virginia Blue Book

West Virginia Blue Book PDF Author:
Publisher:
ISBN:
Category : West Virginia
Languages : en
Pages : 862

Book Description


Alaska's Constitution

Alaska's Constitution PDF Author: Alaska Legislative Affairs Agency
Publisher:
ISBN: 9781304117380
Category :
Languages : en
Pages :

Book Description


The Encyclopedia of the United States Congress

The Encyclopedia of the United States Congress PDF Author: Donald C. Bacon
Publisher:
ISBN:
Category :
Languages : en
Pages : 606

Book Description


Senate and House Journals

Senate and House Journals PDF Author: Kansas. Legislature. Senate
Publisher:
ISBN:
Category : Kansas
Languages : en
Pages : 784

Book Description


War Surgery

War Surgery PDF Author: Christos Giannou
Publisher:
ISBN:
Category : Amputees
Languages : en
Pages : 364

Book Description
Accompanying CD-ROM contains graphic footage of various war wound surgeries.

Democracy in Delaware

Democracy in Delaware PDF Author: Carol E. Hoffecker
Publisher: Cedar Tree Publishing
ISBN: 9781892142238
Category : Delaware
Languages : en
Pages : 0

Book Description


Prices of Clothing

Prices of Clothing PDF Author: John M. Curran
Publisher:
ISBN:
Category : Clothing and dress
Languages : en
Pages : 24

Book Description


Laws of the Territory of Nevada

Laws of the Territory of Nevada PDF Author: Nevada
Publisher:
ISBN:
Category : Session laws
Languages : en
Pages : 208

Book Description


Frozen Chosin: U.S. Marines At The Changjin Reservoir [Illustrated Edition]

Frozen Chosin: U.S. Marines At The Changjin Reservoir [Illustrated Edition] PDF Author: Brigadier General Edwin H. Simmons
Publisher: Pickle Partners Publishing
ISBN: 1786256088
Category : History
Languages : en
Pages : 415

Book Description
Includes more than 40 maps, plans and illustrations. This volume in the official History of the Marine Corps chronicles the part played by United States Marines in the Chosin Reservoir Campaign. The race to the Yalu was on. General of the Army Douglas MacArthur’s strategic triumph at Inchon and the subsequent breakout of the U.S. Eighth Army from the Pusan Perimeter and the recapture of Seoul had changed the direction of the war. Only the finishing touches needed to be done to complete the destruction of the North Korean People’s Army. Moving up the east coast was the independent X Corps, commanded by Major General Edward M. Almond, USA. The 1st Marine Division, under Major General Oliver P. Smith, was part of X Corps and had been so since the 15 September 1950 landing at Inchon. After Seoul the 1st Marine Division had reloaded into its amphibious ships and had swung around the Korean peninsula to land at Wonsan on the east coast. The landing on 26 October 1950 met no opposition; the port had been taken from the land side by the resurgent South Korean army. The date was General Smith’s 57th birthday, but he let it pass unnoticed. Two days later he ordered Colonel Homer L. Litzenberg, Jr., 47, to move his 7th Marine Regimental Combat Team north from Wonsan to Hamhung. Smith was then to prepare for an advance to the Manchurian border, 135 miles distant. And so began one of the Marine Corps’ greatest battles—or, as the Corps would call it, the “Chosin Reservoir Campaign.” The Marines called it the “Chosin” Reservoir because that is what their Japanese-based maps called it. The South Koreans, nationalistic sensibilities disturbed, preferred—and, indeed, would come to insist—that it be called the “Changjin” Reservoir.