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Chicago Kent Law Review Symposium On Interpreting The Ninth Amendment
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Book Synopsis A Culture of Rights by : Michael James Lacey
Download or read book A Culture of Rights written by Michael James Lacey and published by Cambridge University Press. This book was released on 1992-11-27 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays in this volume provide insights into the rights thinking and consciousness at the core of American political culture.
Book Synopsis Separate Peoples, One Land by : Cynthia Cumfer
Download or read book Separate Peoples, One Land written by Cynthia Cumfer and published by UNC Press Books. This book was released on 2012-09-01 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring the mental worlds of the major groups interacting in a borderland setting, Cynthia Cumfer offers a broad, multiracial intellectual and cultural history of the Tennessee frontier in the Revolutionary and early national periods, leading up to the era of rapid westward expansion and Cherokee removal. Attentive to the complexities of race, gender, class, and spirituality, Cumfer offers a rare glimpse into the cultural logic of Native American, African American, and Euro-American men and women as contact with one another powerfully transformed their ideas about themselves and the territory they came to share. The Tennessee frontier shaped both Cherokee and white assumptions about diplomacy and nationhood. After contact, both groups moved away from local and personal notions about polity to embrace nationhood. Excluded from the nationalization process, slaves revived and modified African and American premises about patronage and community, while free blacks fashioned an African American doctrine of freedom that was both communal and individual. Paying particular attention to the influence of older European concepts of civilization, Cumfer shows how Tennesseans, along with other Americans and Europeans, modified European assumptions to contribute to a discourse about civilization, one both dynamic and destructive, which has profoundly shaped world history.
Download or read book Current Law Index written by and published by . This book was released on 2002 with total page 1192 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Rights Retained by the People by : Randy E. Barnett
Download or read book The Rights Retained by the People written by Randy E. Barnett and published by University Press of America. This book was released on 1989 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of seminal writings on the history and meaning of the Ninth Amendment, reflecting a diverse cross-section of scholarly opinion. From the Introduction by Randy E. Barnett: I suggest that the failure to find a 'general right of freedom' in the Constitution is connected to a general inabi
Book Synopsis Restoring the Lost Constitution by : Randy E. Barnett
Download or read book Restoring the Lost Constitution written by Randy E. Barnett and published by Princeton University Press. This book was released on 2013-11-24 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost. Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a "presumption of liberty" to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people. As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.
Book Synopsis Symposium, a New Constitutional Order? by :
Download or read book Symposium, a New Constitutional Order? written by and published by . This book was released on 2006 with total page 696 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Rethinking Constitutional Law by : Earl M. Maltz
Download or read book Rethinking Constitutional Law written by Earl M. Maltz and published by . This book was released on 1994 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: Maltz reformulates the justification for originalist review and refines originalist theory itself; he argues that a pure originalist approach mandates excessive judicial intervention under the Constitution; and he shows that most nonoriginalist theorists have failed to provide a sufficient functional justification for nonoriginalist intervention.
Book Synopsis The Purpose of the Ninth Amendment to the Constitution of the United States by : Charles O. Prince
Download or read book The Purpose of the Ninth Amendment to the Constitution of the United States written by Charles O. Prince and published by . This book was released on 2005 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work establishes the intent and application of the Ninth Amendment to the United States Constitution. Its traces the amendment's historic origins to the Federalist - Anti-Federalist debates. It links the provenance of the Ninth Amendment back to the state constitutions, bills of rights and positive laws of the Constitution's Framing period. It discusses James Madison's introduction of the Bill of Rights during the first Congress. It reviews each recommendatory amendment submitted by the states during the ratification process along with each state constitution and bill of rights contemporaneous with the Framing. It examines each Supreme Court decision referencing the Ninth Amendment. It also summarizes main Ninth Amendment theories described in the literature. The author presents a case for finding Ninth Amendment unenumerated rights within the positive law of the framing period as expressed in the state bills of rights and constitutions and within the penumbras formed by specifically enumerated rights. appropriate for use by Ninth Amendment researchers as well as by professors in a variety of courses focusing on public law, history, and American politics.
Download or read book Reason Papers written by and published by . This book was released on 1988 with total page 620 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Forgotten Ninth Amendment by : Bennett B. Patterson
Download or read book The Forgotten Ninth Amendment written by Bennett B. Patterson and published by The Lawbook Exchange, Ltd.. This book was released on 2019-09-09 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: This provocative essay considers the historical background, meaning and effect of the Ninth Amendment, which states "the enumeration in the Constitution of certain rights, shall not be construed to deny or disparage others retained by the people." Patterson feels the amendment was "forgotten" because no real purpose has been found for it. He argues that the amendment would become valuable if it was construed to incorporate the doctrine of natural law, which he ranks above constitutional rights. Moreover, this doctrine should serve to restrict federal and state power. "Whether the reader agrees with Mr. Patterson's contentions or not, the sincerity of his views cannot be gainsaid, and his treatment of the subject is stimulating and provocative. Right or wrong, his major contentions deserve evaluation by all students of Constitutional Law.": Donald J. Farage, Dickinson Law Review 60 (1955-56) 291.
Book Synopsis The Georgia State Constitution by : Melvin B. Hill , Jr.
Download or read book The Georgia State Constitution written by Melvin B. Hill , Jr. and published by Oxford University Press. This book was released on 2018-03-29 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Georgia State Constitution, the authors offer a detailed description of the creation and development of Georgia's constitution. They explain how political and cultural events, from colonial times, through the Civil War, to the present, have affected Georgia's constitutional law. Accompanying the full text of the constitution is a rich commentary of the constitutional provisions. The authors trace their origins and interpretation by the courts and other governmental bodies. This volume also provides a bibliographical essay which features the most important sources of Georgia's constitutional history and constitutional law. It concludes with a table of cases cited in the history and the constitutional commentary, as well as a subject index. The second edition provides updates to the constitution including all constitutional amendments through the 2016 general election and additional case-law reflecting current thinking on critical legal issues in Georgia. The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.
Book Synopsis Constitutional Law: Civil rights and civil liberties by : James Carl Foster
Download or read book Constitutional Law: Civil rights and civil liberties written by James Carl Foster and published by . This book was released on 1998 with total page 1222 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is Volume II of a two volume edition of Constitutional Law: Cases in Context. The focus is on civil liberties. Always uses the political, social, and historical context from which a case developed.
Book Synopsis Are We to be a Nation? by : Richard B. Bernstein
Download or read book Are We to be a Nation? written by Richard B. Bernstein and published by . This book was released on 1987 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author retells the entire story of the revolution in political thought that resulted in the republican experiment under the Constitution and Bill of Rights.
Book Synopsis The Sacred Fire of Liberty by : Lance Banning
Download or read book The Sacred Fire of Liberty written by Lance Banning and published by . This book was released on 1995 with total page 568 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lance Banning's powerful and persuasive reexamination of Madison's thought at the critical early and central stages of his career now changes that presumption, and provides a new base from which thinking about Madison and the Founding must start.
Download or read book Benchmark written by and published by . This book was released on 1988 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Debates in the Several State Conventions by : Jonathan Elliot
Download or read book The Debates in the Several State Conventions written by Jonathan Elliot and published by . This book was released on 1941 with total page 1780 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Supreme Court and Constitutional Democracy by : John Agresto
Download or read book The Supreme Court and Constitutional Democracy written by John Agresto and published by Cornell University Press. This book was released on 2016-10-15 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Supreme Court and Constitutional Democracy John Agresto traces the development of American judicial power, paying close attention to what he views as the very real threat of judicial supremacy. Agresto examines the role of the judiciary in a democratic society and discusses the proper place of congressional power in constitutional issues. Agresto argues that while the separation of congressional and judicial functions is a fundamental tenet of American government, the present system is not effective in maintaining an appropriate balance of power. He shows that continued judicial expansion, especially into the realm of public policy, might have severe consequences for America's national life and direction, and offers practical recommendations for safeguarding against an increasingly powerful Supreme Court. John Agresto's controversial argument, set in the context of a historical and theoretical inquiry, will be of great interest to scholars and students in political science and law, especially American constitutional law and political theory.