Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 45
Book Description
File No. 292
THE UNITED STATES v. EVANS, 9 U.S. 280 (1808)
THE UNITED STATES v. WEEKS, 9 U.S. 1 (1809)
Keeping Faith with the Constitution
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.
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.
Index-digest to the Decisions of the Supreme Court of the United States in Patent Causes
Author: Woodbury Lowery
Publisher:
ISBN:
Category : Patent laws and legislation
Languages : en
Pages : 460
Book Description
Publisher:
ISBN:
Category : Patent laws and legislation
Languages : en
Pages : 460
Book Description
Corpus Juris
A Treatise on the Anglo-American System of Evidence in Trials at Common Law
Author: John Henry Wigmore
Publisher:
ISBN:
Category : Evidence (Law)
Languages : en
Pages : 1050
Book Description
Publisher:
ISBN:
Category : Evidence (Law)
Languages : en
Pages : 1050
Book Description
Century Edition of The American Digest
Author:
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 2434
Book Description
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 2434
Book Description
National Register of Microform Masters
Author: Library of Congress. Catalog Publication Division
Publisher:
ISBN:
Category : Books on microfilm
Languages : en
Pages : 966
Book Description
Publisher:
ISBN:
Category : Books on microfilm
Languages : en
Pages : 966
Book Description
Dictionary Catalog of the History of the Americas
Author: New York Public Library. Reference Dept
Publisher:
ISBN:
Category : America
Languages : en
Pages : 988
Book Description
Publisher:
ISBN:
Category : America
Languages : en
Pages : 988
Book Description
Digest of the United States Supreme Court Reports: Table of cases, Cases affirmed or reveresed. Statutes, constitutions, and treaties construed Rules of court
Author:
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 1170
Book Description
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 1170
Book Description