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Constitutional Conscience
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Book Synopsis Constitutional Conscience by : H. Jefferson Powell
Download or read book Constitutional Conscience written by H. Jefferson Powell and published by University of Chicago Press. This book was released on 2008-09-15 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: While many recent observers have accused American judges—especially Supreme Court justices—of being too driven by politics and ideology, others have argued that judges are justified in using their positions to advance personal views. Advocating a different approach—one that eschews ideology but still values personal perspective—H. Jefferson Powell makes a compelling case for the centrality of individual conscience in constitutional decision making. Powell argues that almost every controversial decision has more than one constitutionally defensible resolution. In such cases, he goes on to contend, the language and ideals of the Constitution require judges to decide in good faith, exercising what Powell calls the constitutional virtues: candor, intellectual honesty, humility about the limits of constitutional adjudication, and willingness to admit that they do not have all the answers. Constitutional Conscience concludes that the need for these qualities in judges—as well as lawyers and citizens—is implicit in our constitutional practices, and that without them judicial review would forfeit both its own integrity and the credibility of the courts themselves.
Book Synopsis The Conscience of the Constitution by : Timothy Sandefur
Download or read book The Conscience of the Constitution written by Timothy Sandefur and published by Cato Institute. This book was released on 2013-11-12 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Conscience of the Constitution: The Declaration of Independence and the Right to Liberty documents a forgotten truth: the word “democracy” is nowhere to be found in either the Constitution or the Declaration. But it is the overemphasis of democracy by the legal community–rather than the primacy of liberty, as expressed in the Declaration of Independence–that has led to the growth of government power at the expense of individual rights. Now, more than ever, Sandefur explains, the Declaration of Independence should set the framework for interpreting our fundamental law. In the very first sentence of the Constitution, the founding fathers stated unambiguously that “liberty” is a blessing. Today, more and more Americans are realizing that their individual freedoms are being threatened by the ever-expanding scope of the government. Americans have always differed over important political issues, but some things should not be settled by majority vote. In The Conscience of the Constitution, Timothy Sandefur presents a dramatic new challenge to the status quo of constitutional law.
Book Synopsis Conscience and the Constitution by : David A. J. Richards
Download or read book Conscience and the Constitution written by David A. J. Richards and published by Princeton University Press. This book was released on 2014-07-14 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: At stage center of the American drama, maintains David A. J. Richards, is the attempt to understand the implications of the Reconstruction Amendments--Amendments Thirteen, Fourteen, and Fifteen to the United States Constitution. Richards evaluates previous efforts to interpret the amendments and then proposes his own view: together the amendments embodied a self-conscious rebirth of America's revolutionary, rights-based constitutionalism. Building on an approach to constitutional law developed in his Toleration and the Constitution and Foundations of American Constitutionalism, Richards links history, law, and political theory. In Conscience and the Constitution, this method leads from an analysis of the Reconstruction Amendments to a broad discussion of the American constitutional system as a whole. Richards's interpretation focuses on the abolitionists and their radical commitment to the "dissenting conscience." In his view, the Reconstruction Amendments expressed not only the constitutional arguments of a particular historical period but also a general political theory developed by the abolitionists, who restructured the American political community in terms of respect for universal human rights. He argues further that the amendments make a claim on our generation to keep faith with the vision of the "founders of 1865." In specific terms he points out what such allegiance would mean in the context of present-day constitutional issues. Originally published in 1993. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Book Synopsis The Law's Conscience by : Peter Charles Hoffer
Download or read book The Law's Conscience written by Peter Charles Hoffer and published by Univ of North Carolina Press. This book was released on 2000-11-09 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law's Conscience is a history of equity in Anglo-American juris-prudence from the inception of the chancellor's court in medieval England to the recent civil rights and affirmative action decisions of the United States Supreme Court. Peter Hoffer argues that equity embodies a way of looking at law, including constitutions, based on ideas of mutual fairness, public trusteeship, and equal protection. His central theme is the tension between the ideal of equity and the actual availability of equitable remedies. Hoffer examines this tension in the trusteeship constitutionalism of John Locke and Thomas Jefferson; the incorporation of equity in the first American constitutions; the antebellum controversy over slavery; the fortunes of the Freedmen's Bureau after the Civil War; the emergence of the doctrine of "Balance of Equity" in twentieth-century public-interest law; and the desegregation and reverse discrimination cases of the past thirty-five years. Brown v. Board of Education (1954) was the most important equity suit in American history, and Hoffer begins and ends his book with a new interpretation of its lessons.
Download or read book WE HEREBY REFUSE written by Frank Abe and published by Chin Music Press. This book was released on 2021-07-16 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: Three voices. Three acts of defiance. One mass injustice. The story of camp as you’ve never seen it before. Japanese Americans complied when evicted from their homes in World War II -- but many refused to submit to imprisonment in American concentration camps without a fight. In this groundbreaking graphic novel, meet JIM AKUTSU, the inspiration for John Okada’s No-No Boy, who refuses to be drafted from the camp at Minidoka when classified as a non-citizen, an enemy alien; HIROSHI KASHIWAGI, who resists government pressure to sign a loyalty oath at Tule Lake, but yields to family pressure to renounce his U.S. citizenship; and MITSUYE ENDO, a reluctant recruit to a lawsuit contesting her imprisonment, who refuses a chance to leave the camp at Topaz so that her case could reach the U.S. Supreme Court. Based upon painstaking research, We Hereby Refuse presents an original vision of America’s past with disturbing links to the American present.
Book Synopsis Judgment Calls by : Daniel A. Farber
Download or read book Judgment Calls written by Daniel A. Farber and published by Oxford University Press. This book was released on 2009 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Judgment Calls, Daniel A. Farber and Suzanna Sherry present a fresh perspective on judicial review, taking aim at those who see only two types of approaches to judicial decisions: one based on constitutional law and one based on raw politics. Building on their previous book Beyond All Reason, which was a New York Times Notable Book of the Year, this volume is a similarly incisive challenge to some of the dominant tenets in mainstream legal studies and is sure to inspire debate. The authors aim to reconcile the democratic rule of law with the recognition that judges have discretion. The book takes on the problem of how the Supreme Court can operate in a principled way even in hard, politically charged cases where the legal materials fail to point unambiguously to a single outcome. Throughout, they describe the inherent constraints that keep judges from merely imposing their will, suggest standards for evaluating judicial performance, and make substantial suggestions for improvement. They close with a careful examination of the Supreme Court's controversial cases on the most pressing sociopolitical issues of recent times: the War on Terrorism, abortion, and affirmative action. Timely, trenchant, and carefully argued, Judgment Calls is a welcome addition to the literature on the intersection of constitutional interpretation and American politics.
Book Synopsis The Sacred Rights of Conscience by : Daniel L. Dreisbach
Download or read book The Sacred Rights of Conscience written by Daniel L. Dreisbach and published by . This book was released on 2009 with total page 720 pages. Available in PDF, EPUB and Kindle. Book excerpt: This compilation of primary documents provides a thorough and balanced examination of the evolving relationship between public religion and American culture, from pre-colonial biblical and European sources to the early nineteenth century, to allow the reader to explore the social and political forces that defined the concept of religious liberty and shaped American church-state relations. --from publisher description.
Book Synopsis Liberty of Conscience by : Martha Craven Nussbaum
Download or read book Liberty of Conscience written by Martha Craven Nussbaum and published by Basic Books (AZ). This book was released on 2008-02-05 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: An analysis of America's commitment to religious liberty uses political history, philosophical ideas, and key constitutional cases to discuss its basis in six principles: equality, respect for conscience, liberty, accommodation of minorities, nonestablishment, and separation of church and state.
Book Synopsis Short Route to Chaos by : Stephen Arons
Download or read book Short Route to Chaos written by Stephen Arons and published by . This book was released on 1997 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Short Route to Chaos develops a series of specific suggestions for reform based on the principle that education, like religion, is a matter of conscience in which families should be free to select their children's schools and public funding should be allocated equally for each child, regardless of wealth or geographic location. The author goes on to propose public debate about a possible education amendment to the U.S. Constitution. His book is an impassioned call for a pragmatic and populist re-constitution of American schooling - one that respects conscience, supports community, and reinvigorates the principles of constitutional democracy.
Book Synopsis Conscience and the Constitution by : Moses Stuart
Download or read book Conscience and the Constitution written by Moses Stuart and published by University of Michigan Library. This book was released on 1850 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Conscience of the Courts by : Graham Hughes
Download or read book The Conscience of the Courts written by Graham Hughes and published by Anchor. This book was released on 1975 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Conscience Wars by : Susanna Mancini
Download or read book The Conscience Wars written by Susanna Mancini and published by . This book was released on 2018-07-05 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the multifaceted debate on the interconnection between conscientious objections, religious liberty, and the equality of women and sexual minorities.
Book Synopsis Conscience, Expression, and Privacy by : Kermit L. Hall
Download or read book Conscience, Expression, and Privacy written by Kermit L. Hall and published by Routledge. This book was released on 2020-10-12 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: Available as a single volume or as part of the 10 volume set Supreme Court in American Society
Book Synopsis Religion on Trial by : Phillip E. Hammond
Download or read book Religion on Trial written by Phillip E. Hammond and published by Rowman Altamira. This book was released on 2004 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: The free exercise of conscience is under threat in the United States. Already the conservative bloc of the Supreme Court is reversing the progress of religious liberty that had been steadily advancing. And this danger will only increase if more conservative judges are nominated to the court. This is the impassioned argument of Religion on Trial. Against Justices Scalia, Thomas, and Chief Justice Rehnquist, the authors argue that what the First Amendment protects is the freedom of individual conviction, not the rights of sectarian majorities to inflict their values on others. Beginning with an analysis of the origins of the Constitution and then following the history of significant church-state issues, Religion on Trial shows that the trajectory of American history has been toward greater freedoms for more Americans: freedom of religion moving gradually toward freedom of conscience regardless of religion. But in the last quarter-century, conservatives have gained political power and they are now attempting to limit the ability of the Court to protect the rights of individual conscience. Writing not just as scholars, but as advocates of church-state separation, Hammond, Machacek, and Mazur make the strong case that every American needs to pay attention to what is happening on the Surpeme Court or risk losing the liberties of conscience and religion that have been gained so far.
Book Synopsis The Practice of American Constitutional Law by : H. Jefferson Powell
Download or read book The Practice of American Constitutional Law written by H. Jefferson Powell and published by Cambridge University Press. This book was released on 2022-05-19 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive, ideologically neutral description of the practice of constructing and evaluating constitutional law arguments.
Book Synopsis Christianity and the Laws of Conscience by : Jeffrey B. Hammond
Download or read book Christianity and the Laws of Conscience written by Jeffrey B. Hammond and published by Cambridge University Press. This book was released on 2021-06-24 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the Christian theological, legal, constitutional, historical, and philosophical meanings of conscience for both scholarly and educated general audiences.
Book Synopsis Religious Liberty and Conscience by : Milton Ridvas Konvitz
Download or read book Religious Liberty and Conscience written by Milton Ridvas Konvitz and published by . This book was released on 1968 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt:
