How Does The Constitution Secure Rights
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How Does The Constitution Secure Rights
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Author : Robert A. Goldwin
language : en
Publisher: A E I Press
Release Date : 1985
How Does The Constitution Secure Rights written by Robert A. Goldwin and has been published by A E I Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1985 with Law categories.
This book explores the Constitution and how it provides for individual American rights.
Popular Government And The Supreme Court
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Author : Lane V. Sunderland
language : en
Publisher:
Release Date : 1996
Popular Government And The Supreme Court written by Lane V. Sunderland and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Law categories.
With quiet eloquence, Lane Sunderland argues that we must reclaim the fundamental principles of the Constitution if we are to restore democratic government to its proper role in American life. For far too long, he contends, the popular will has been held in check by an overly powerful Supreme Court using non-constitutional principles to make policy and promote its own political agendas. His work shows why this has diminished American democracy and what we can do to revive it. Sunderland presents a strong, thoughtful challenge to the constitutional theories promoted by Ronald Dworkin, Archibald Cox, Richard Epstein, Michael Perry, John Hart Ely, Robert Bork, Philip Kurland, Laurence Tribe, Mark Tushnet, and Catharine MacKinnon—an enormously diverse group united by an apparent belief in judicial supremacy. Their theories, he demonstrates, undermine the democratic foundations of the Constitution and the power of the majority to resolve for itself important questions of justice. Central to this enterprise is Sunderland's reconsideration of The Federalist as the first, most reliable, and most profound commentary on the Constitution. "The Federalist," he states, "is crucial because it explains the underlying theory of the Constitution as a whole, a theory that gives meaning to its particular provisions." In addition, Sunderland reexamines the Declaration of Independence and the work of Hobbes, Locke, and Montesquieu, in order to better define the nature and limits of their influence on the Framers. His reading of these works in conjunction with The Federalist shows just how far afield contemporary commentators have strayed. Sunderland deliberately echoes and amplifies Madison's wisdom in Federalist No. 10 that the object of the Constitution is "to secure the public good and private rights . . . and at the same time to preserve the spirit and form of popular government." To attain that object, he persuasively argues, requires that the judiciary acknowledge and enforce the constitutional limitations upon its own powers. In an era loudly proclaiming the return of popular government, majority rule, and the "will of the people," that argument is especially relevant and appealing.
The Constitution And National Security
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Author : Howard E. Shuman
language : en
Publisher: The Minerva Group, Inc.
Release Date : 2002-05
The Constitution And National Security written by Howard E. Shuman and has been published by The Minerva Group, Inc. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-05 with Law categories.
The founders of our republic were determined to establish a government that protected the rights of the individual within a free society, a system that improved upon European designs. Newly independent, the Americans formed a government under the Articles of Confederation. As a loose confederation of states, however, the growing nation had a weak national voice and little international status. After only ten years under this system, the states recognized the need for more national power and drafted the U. S. Constitution.The goal, again, was to protect the individual's natural rights through the creation of an energetic national government. Thus the U. S. Constitution was written, with compromises, and submitted to the people for their ratification. After vigorous public debate, this document became the fundamental law of the land.The Constitution has endured with few additional amendments for more than two centuries - but not without continuing debate. In this newest contribution to the writings of constitutional scholars, papers address the President's war powers, the role of Congress in foreign policy, and other questions of interpreting the Constitution in the modern era. These current issues have at their core the same fundamental questions that animated debate during the Constitutional Convention in 1787: how best to protect society while guarding the rights of the individual, how best to give sufficient power to the executive while guarding against abuse of power. But even as we debate, we celebrate our Constitution, a document forged of ingrained American beliefs that our republic can be secured and the rights of the individual safeguarded. Vice Admiral J. A. Baldwin, United States Navy President, National Defense University
Citizenship As Foundation Of Rights
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Author : Richard Sobel
language : en
Publisher: Cambridge University Press
Release Date : 2016-10-26
Citizenship As Foundation Of Rights written by Richard Sobel and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-10-26 with Law categories.
Citizenship as Foundation of Rights explains what it means to have citizen rights and how national identification requirements undermine them.
The Right To Privacy
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Author : Louis Dembitz Brandeis
language : en
Publisher: Good Press
Release Date : 2023-09-17
The Right To Privacy written by Louis Dembitz Brandeis and has been published by Good Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09-17 with Fiction categories.
"The Right to Privacy" by Louis Dembitz Brandeis, Samuel D. Warren. Published by Good Press. Good Press publishes a wide range of titles that encompasses every genre. From well-known classics & literary fiction and non-fiction to forgotten−or yet undiscovered gems−of world literature, we issue the books that need to be read. Each Good Press edition has been meticulously edited and formatted to boost readability for all e-readers and devices. Our goal is to produce eBooks that are user-friendly and accessible to everyone in a high-quality digital format.
Civil Rights 1959
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Author : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Constitutional Rights
language : en
Publisher:
Release Date : 1959
Civil Rights 1959 written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Constitutional Rights and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1959 with Civil rights categories.
Considers (86) S. 435, (86) S. 456, (86) S. 499, (86) S. 810, (86) S. 957, (86) S. 958, (86) S. 959, (86) S. 960, (86) S. 1084, (86) S. 1199, (86) S. 1277, (86) S. 1848, (86) S. 1998, (86) S. 2001, (86) S. 2002, (86) S. 2003, (86) S. 2041.
Constitutions Security And The Rule Of Law
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Author : Sudha N. Setty
language : en
Publisher:
Release Date : 2014
Constitutions Security And The Rule Of Law written by Sudha N. Setty and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Civil rights categories.
"[This book] offers diverse, international perspectives on how the rule of law shifts in times of emergency and the resultant heightened threats to security. It addresses issues of individual rights within the context of questioning how government works and ought to work in light of serious security concerns--thereby enabling readers to understand how national security concerns have distorted constitutions and impinged on human and civil rights. Five thematic sections examine: how different constitutional structures handle security concerns; what parts of government determine security measures and their limits; what constraints supranational and international law place on individual nations in regards to security; what the public has a right to know in times of heightened security; what rights the public can exercise in times of heightened security and how citizens can hold government accountable for protecting these rights"--
How Rights Went Wrong
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Author : Jamal Greene
language : en
Publisher: Houghton Mifflin
Release Date : 2021
How Rights Went Wrong written by Jamal Greene and has been published by Houghton Mifflin this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Law categories.
An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.
Our Secret Constitution
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Author : George P. Fletcher
language : en
Publisher: Oxford University Press
Release Date : 2003-01-16
Our Secret Constitution written by George P. Fletcher and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-01-16 with Political Science categories.
Americans hate and distrust their government. At the same time, Americans love and trust their government. These contradictory attitudes are resolved by Fletcher's novel interpretation of constitutional history. He argues that we have two constitutions--still living side by side--one that caters to freedom and fear, the other that satisfied our needs for security and social justice. The first constitution came into force in 1789. It stresses freedom, voluntary association, and republican elitism. The second constitution begins with the Gettysburg Address and emphasizes equality, organic nationhood, and popular democracy. These radical differences between our two constitutions explain our ambivalence and self-contradictory attitudes toward government. With September 11 the second constitution--which Fletcher calls the Secret Constitution--has become ascendant. When America is under threat, the nation cultivates its solidarity. It overcomes its fear and looks to government for protection and the pursuit of social justice. Lincoln's messages of a strong government and a nation that must "long endure" have never been more relevant to American politics. "Fletcher's argument has intriguing implications beyond the sweeping subject of this profoundly thought-provoking book."--The Denver Post
Our Republican Constitution
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Author : Randy E. Barnett
language : en
Publisher: HarperCollins
Release Date : 2016-04-19
Our Republican Constitution written by Randy E. Barnett and has been published by HarperCollins this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-19 with Political Science categories.
A concise history of the long struggle between two fundamentally opposing constitutional traditions, from one of the nation’s leading constitutional scholars—a manifesto for renewing our constitutional republic. The Constitution of the United States begins with the words: “We the People.” But from the earliest days of the American republic, there have been two competing notions of “the People,” which lead to two very different visions of the Constitution. Those who view “We the People” collectively think popular sovereignty resides in the people as a group, which leads them to favor a “democratic” constitution that allows the “will of the people” to be expressed by majority rule. In contrast, those who think popular sovereignty resides in the people as individuals contend that a “republican” constitution is needed to secure the pre-existing inalienable rights of “We the People,” each and every one, against abuses by the majority. In Our Republican Constitution, renowned legal scholar Randy E. Barnett tells the fascinating story of how this debate arose shortly after the Revolution, leading to the adoption of a new and innovative “republican” constitution; and how the struggle over slavery led to its completion by a newly formed Republican Party. Yet soon thereafter, progressive academics and activists urged the courts to remake our Republican Constitution into a democratic one by ignoring key passes of its text. Eventually, the courts complied. Drawing from his deep knowledge of constitutional law and history, as well as his experience litigating on behalf of medical marijuana and against Obamacare, Barnett explains why “We the People” would greatly benefit from the renewal of our Republican Constitution, and how this can be accomplished in the courts and the political arena.