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Interpreting The Bill Of Rights
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Book Synopsis Interpreting the Bill of Rights by : Avery Elizabeth Hurt
Download or read book Interpreting the Bill of Rights written by Avery Elizabeth Hurt and published by Greenhaven Publishing LLC. This book was released on 2018 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first ten amendments to the U.S. Constitution were written to safeguard individual liberties and limit government power. Was the Bill of Rights necessary, or did it open up a can of worms the framers didn't intend? Throughout the course of U.S. history, amendments have been subject to various interpretations, often to the point of contention. In this informative anthology, readers will be exposed to the complex issues of interpreting a document that was created more than two hundred years ago.
Book Synopsis American Government 3e by : Glen Krutz
Download or read book American Government 3e written by Glen Krutz and published by . This book was released on 2023-05-12 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Black & white print. American Government 3e aligns with the topics and objectives of many government courses. Faculty involved in the project have endeavored to make government workings, issues, debates, and impacts meaningful and memorable to students while maintaining the conceptual coverage and rigor inherent in the subject. With this objective in mind, the content of this textbook has been developed and arranged to provide a logical progression from the fundamental principles of institutional design at the founding, to avenues of political participation, to thorough coverage of the political structures that constitute American government. The book builds upon what students have already learned and emphasizes connections between topics as well as between theory and applications. The goal of each section is to enable students not just to recognize concepts, but to work with them in ways that will be useful in later courses, future careers, and as engaged citizens. In order to help students understand the ways that government, society, and individuals interconnect, the revision includes more examples and details regarding the lived experiences of diverse groups and communities within the United States. The authors and reviewers sought to strike a balance between confronting the negative and harmful elements of American government, history, and current events, while demonstrating progress in overcoming them. In doing so, the approach seeks to provide instructors with ample opportunities to open discussions, extend and update concepts, and drive deeper engagement.
Book Synopsis Interpreting the Constitution by : Kent Greenawalt
Download or read book Interpreting the Constitution written by Kent Greenawalt and published by Oxford University Press. This book was released on 2015-11-04 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: This third volume about legal interpretation focuses on the interpretation of a constitution, most specifically that of the United States of America. In what may be unique, it combines a generalized account of various claims and possibilities with an examination of major domains of American constitutional law. This demonstrates convincingly that the book's major themes not only can be supported by individual examples, but are undeniably in accord with the continuing practice of the United States Supreme Court over time, and cannot be dismissed as misguided. The book's central thesis is that strategies of constitutional interpretation cannot be simple, that judges must take account of multiple factors not systematically reducible to any clear ordering. For any constitution that lasts over centuries and is hard to amend, original understanding cannot be completely determinative. To discern what that is, both how informed readers grasped a provision and what were the enactors' aims matter. Indeed, distinguishing these is usually extremely difficult, and often neither is really discernible. As time passes what modern citizens understand becomes important, diminishing the significance of original understanding. Simple versions of textualist originalism neither reflect what has taken place nor is really supportable. The focus on specific provisions shows, among other things, the obstacles to discerning original understanding, and why the original sense of proper interpretation should itself carry importance. For applying the Bill of Rights to states, conceptions conceived when the Fourteenth Amendment was adopted should take priority over those in 1791. But practically, for courts, to interpret provisions differently for the federal and state governments would be highly unwise. The scope of various provisions, such as those regarding free speech and cruel and unusual punishment, have expanded hugely since both 1791 and 1865. And questions such as how much deference judges should accord the political branches depend greatly on what provisions and issues are involved. Even with respect to single provisions, such as the Free Speech Clause, interpretive approaches have sensibly varied, greatly depending on the more particular subjects involved. How much deference judges should accord political actors also depends critically on the kind of issue involved.
Book Synopsis Interpreting Constitutions by : Jeffrey Denys Goldsworthy
Download or read book Interpreting Constitutions written by Jeffrey Denys Goldsworthy and published by Oxford University Press. This book was released on 2006-02-09 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book describes the constitutions of six major federations and how they have been interpreted by their highest courts, compares the interpretive methods and underlying principles that have guided the courts, and explores the reasons for major differences between these methods and principles. Among the interpretive methods discussed are textualism, purposivism, structuralism and originalism. Each of the six federations is the subject of a separate chapter written by a leading authority in the field: Jeffrey Goldsworthy (Australia), Peter Hogg (Canada), Donald Kommers (Germany), S.P. Sathe (India), Heinz Klug (South Africa), and Mark Tushnet (United States). Each chapter describes not only the interpretive methodology currently used by the courts, but the evolution of that methodology since the constitution was first enacted. The book also includes a concluding chapter which compares these methodologies, and attempts to explain variations by reference to different social, historical, institutional and political circumstances.
Book Synopsis Interpreting Liberty by : K. Elizabeth Beaumont
Download or read book Interpreting Liberty written by K. Elizabeth Beaumont and published by . This book was released on 2000 with total page 986 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Bill of Rights by : Linda R. Monk
Download or read book The Bill of Rights written by Linda R. Monk and published by Hachette Books. This book was released on 2018-04-10 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt: With a foreword by Justice Ruth Bader Ginsburg of the U.S. Supreme Court. An Engaging, Accessible Guide to the Bill of Rights for Everyday Citizens. In The Bill of Rights: A User's Guide, award-winning author and constitutional scholar Linda R. Monk explores the remarkable history of the Bill of Rights amendment by amendment, the Supreme Court's interpretation of each right, and the power of citizens to enforce those rights. Stories of the ordinary people who made the Bill of Rights come alive are featured throughout. These include Fannie Lou Hamer, a Mississippi sharecropper who became a national civil rights leader; Clarence Earl Gideon, a prisoner whose handwritten petition to the Supreme Court expanded the right to counsel; Mary Beth Tinker, a 13-year-old whose protest of the Vietnam War established free speech rights for students; Michael Hardwick, a bartender who fought for privacy after police entered his bedroom unlawfully; Suzette Kelo, a nurse who opposed the city's takeover of her working-class neighborhood; and Simon Tam, a millennial whose 10-year trademark battle for his band "The Slants" ended in a unanimous Supreme Court victory. Such people prove that, in the words of Judge Learned Hand, "Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court, can save it." Exploring the history, scope, and meaning of the first ten amendments-as well as the Fourteenth Amendment, which nationalized them and extended new rights of equality to all-The Bill of Rights: A User's Guide is a powerful examination of the values that define American life and the tools that every citizen needs.
Book Synopsis To Secure the Liberty of the People by : Eric T. Kasper
Download or read book To Secure the Liberty of the People written by Eric T. Kasper and published by . This book was released on 2010 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Politicians, scholars, and even Supreme Court justices often look to Madison's broader body of work for guidance when interpreting the Bill of Rights. This title presents examination of Madison's political philosophy as reflected in the "Bill of Rights" and modern interpretations by Supreme Court justices.
Author :Samuel D. Brandeis, Louis D. Warren Publisher :BoD – Books on Demand ISBN 13 :3732645487 Total Pages :42 pages Book Rating :4.7/5 (326 download)
Book Synopsis The Right to Privacy by : Samuel D. Brandeis, Louis D. Warren
Download or read book The Right to Privacy written by Samuel D. Brandeis, Louis D. Warren and published by BoD – Books on Demand. This book was released on 2018-04-05 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reproduction of the original: The Right to Privacy by Samuel D. Warren, Louis D. Brandeis
Book Synopsis Keeping Faith with the Constitution by : Goodwin Liu
Download or read book Keeping Faith with the Constitution written by Goodwin Liu and published by Oxford University Press. This book was released on 2010-08-05 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Federalist Papers by : Alexander Hamilton
Download or read book The Federalist Papers written by Alexander Hamilton and published by Read Books Ltd. This book was released on 2018-08-20 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.
Book Synopsis Interpreting a Bill of Rights by : Johan Kruger
Download or read book Interpreting a Bill of Rights written by Johan Kruger and published by . This book was released on 1994 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Limited Government and the Bill of Rights by : Patrick M. Garry
Download or read book Limited Government and the Bill of Rights written by Patrick M. Garry and published by University of Missouri Press. This book was released on 2012-07-15 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: Eric Hoffer Award Grand Prize Short List, 2015 What was the intended purpose and function of the Bill of Rights? Is the modern understanding of the Bill of Rights the same as that which prevailed when the document was ratified? In Limited Government and the Bill of Rights, Patrick Garry addresses these questions. Under the popular modern view, the Bill of Rights focuses primarily on protecting individual autonomy interests, making it all about the individual. But in Garry’s novel approach, one that tries to address the criticisms of judicial activism that have resulted from the Supreme Court’s contemporary individual rights jurisprudence, the Bill of Rights is all about government—about limiting the power of government. In this respect, the Bill of Rights is consistent with the overall scheme of the original Constitution, insofar as it sought to define and limit the power of the newly created federal government. Garry recognizes the desire of the constitutional framers to protect individual liberties and natural rights, indeed, a recognition of such rights had formed the basis of the American campaign for independence from Britain. However, because the constitutional framers did not have a clear idea of how to define natural rights, much less incorporate them into a written constitution for enforcement, they framed the Bill of Rights as limited government provisions rather than as individual autonomy provisions. To the framers, limited government was the constitutional path to the maintenance of liberty. Moreover, crafting the Bill of Rights as limited government provisions would not give the judiciary the kind of wide-ranging power needed to define and enforce individual autonomy. With respect to the application of this limited government model, Garry focuses specifically on the First Amendment and examines how the courts in many respects have already used a limited government model in their First Amendment decision-making. As he discusses, this approach to the First Amendment may allow for a more objective and restrained judicial role than is often applied under contemporary First Amendment jurisprudence. Limited Government and the Bill of Rights will appeal to anyone interested in the historical background of the Bill of Rights and how its provisions should be applied to contemporary cases, particularly First Amendment cases. It presents an innovative theory about the constitutional connection between the principle of limited government and the provisions in the Bill of Rights.
Download or read book Freedom's Law written by Ronald Dworkin and published by OUP Oxford. This book was released on 1999 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dworkin's important book is a collection of essays which discuss almost all of the great constitutional issues of the last two decades, including abortion, euthanasia, capital punishment, homosexuality, pornography, and free speech. Dworkin offers a consistently liberal view of the Constitution and argues that fidelity to it and to law demands that judges make moral judgments. He proposes that we all interpret the abstract language of the Constitution by reference to moral principles about political decency and justice. His 'moral reading' therefore brings political morality into the heart of constitutional law. The various chapters of this book were first published separately; now drawn together they provide the reader with a rich, full-length treatment of Dworkin's general theory of law.
Download or read book Active Liberty written by Stephen Breyer and published by Vintage. This book was released on 2007-12-18 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: A brilliant new approach to the Constitution and courts of the United States by Supreme Court Justice Stephen Breyer.For Justice Breyer, the Constitution’s primary role is to preserve and encourage what he calls “active liberty”: citizen participation in shaping government and its laws. As this book argues, promoting active liberty requires judicial modesty and deference to Congress; it also means recognizing the changing needs and demands of the populace. Indeed, the Constitution’s lasting brilliance is that its principles may be adapted to cope with unanticipated situations, and Breyer makes a powerful case against treating it as a static guide intended for a world that is dead and gone. Using contemporary examples from federalism to privacy to affirmative action, this is a vital contribution to the ongoing debate over the role and power of our courts.
Download or read book Gun Rights written by Philip Wolny and published by The Rosen Publishing Group, Inc. This book was released on 2014-07-15 with total page 114 pages. Available in PDF, EPUB and Kindle. Book excerpt: The gun rights issue has been among the most contentious debates since the founding of the United States. This instructive volume offers close but comprehensible readings of the Second Amendment set against the backdrop of fluctuating social and political contexts. Additionally, it documents the evolution of arguments for and against "the right to bear arms." Readers will understand why this provocative issue has continued to rage in the courts and among politicians through the years and may do so for years to come.
Book Synopsis The Right to Privacy by : Bitsy Kemper
Download or read book The Right to Privacy written by Bitsy Kemper and published by The Rosen Publishing Group, Inc. This book was released on 2014-07-15 with total page 114 pages. Available in PDF, EPUB and Kindle. Book excerpt: American courts have shaped, debated, honored, and protected our right to privacy for more than two hundred years. This compelling resource reviews the constitutional roots of the right to privacy, from the Fourth Amendment's protection against unreasonable searches to the Fourteenth Amendment's guarantee of personal liberty. The court cases presented show how privacy rights apply in nearly every area of our lives--at school, at work, in our homes, in our personal communications, in our doctor's offices, and in our relationships. They also demonstrate how privacy rights have evolved in a high-tech, complex world.
Book Synopsis The New York State Constitution by : Peter J. Galie
Download or read book The New York State Constitution written by Peter J. Galie and published by Oxford University Press, USA. This book was released on 2011 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: The New York State Constitution provides an outstanding constitutional and historical account of the state's governing charter. In addition to an overview of New York's constitutional history, it provides an in-depth, section-by-section analysis of the entire constitution, detailing the many significant changes that have been made since its initial drafting. This treatment, along with a table of cases, index, and bibliography provides an unsurpassed reference guide for students, scholars, and practitioners of New York's constitution. Previously published by Greenwood, this title has been brought back in to circulation by Oxford University Press with new verve. Re-printed with standardization of content organization in order to facilitate research across the series, this title, as with all titles in the series, is set to join the dynamic revision cycle of The Oxford Commentaries on the State Constitutions of the United States. 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.
