Strangers To The Constitution
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Strangers To The Constitution
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Author : Gerald L. Neuman
language : en
Publisher: Princeton University Press
Release Date : 2010-07-01
Strangers To The Constitution written by Gerald L. Neuman and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-07-01 with Law categories.
Gerald Neuman discusses in historical and contemporary terms the repeated efforts of U.S. insiders to claim the Constitution as their exclusive property and to deny constitutional rights to aliens and immigrants--and even citizens if they are outside the nation's borders. Tracing such efforts from the debates over the Alien and Sedition Acts in 1798 to present-day controversies about illegal aliens and their children, the author argues that no human being subject to the governance of the United States should be a "stranger to the Constitution." Thus, whenever the government asserts its power to impose obligations on individuals, it brings them within the constitutional system and should afford them constitutional rights. In Neuman's view, this mutuality of obligation is the most persuasive approach to extending constitutional rights extraterritorially to all U.S. citizens and to those aliens on whom the United States seeks to impose legal responsibilities. Examining both mutuality and more flexible theories, Neuman defends some constitutional constraints on immigration and deportation policies and argues that the political rights of aliens need not exclude suffrage. Finally, in regard to whether children born in the United States to illegally present alien parents should be U.S. citizens, he concludes that the Constitution's traditional shield against the emergence of a hereditary caste of "illegals" should be vigilantly preserved.
Strangers To The Constitution
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Author : Gerald L Neuman
language : en
Publisher:
Release Date : 1996-01-01
Strangers To The Constitution written by Gerald L Neuman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996-01-01 with categories.
Gerald Neuman discusses in historical and contemporary terms the repeated efforts of U.S. insiders to claim the Constitution as their exclusive property and to deny constitutional rights to aliens and immigrants--and even citizens if they are outside the nation's borders. Tracing such efforts from the debates over the Alien and Sedition Acts in 1798 to present-day controversies about illegal aliens and their children, the author argues that no human being subject to the governance of the United States should be a "stranger to the Constitution." Thus, whenever the government asserts its power to impose obligations on individuals, it brings them within the constitutional system and should afford them constitutional rights. In Neuman's view, this mutuality of obligation is the most persuasive approach to extending constitutional rights extraterritorially to all U.S. citizens and to those aliens on whom the United States seeks to impose legal responsibilities. Examining both mutuality and more flexible theories, Neuman defends some constitutional constraints on immigration and deportation policies and argues that the political rights of aliens need not exclude suffrage. Finally, in regard to whether children born in the United States to illegally present alien parents should be U.S. citizens, he concludes that the Constitution's traditional shield against the emergence of a hereditary caste of "illegals" should be vigilantly preserved.
Even The Children Of Strangers
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Author : Donald Wilson Jackson
language : en
Publisher:
Release Date : 1992
Even The Children Of Strangers written by Donald Wilson Jackson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with Law categories.
Jackson unravels the complex meanings of equal protection doctrine and its various interpretations over the last 134 years. After comparing equal protection laws in the U.S. to those in Canada and India and certain provisions of international law, he offers possible ways to resolve apparently intractable conflicts between individualism and affirmative action policies.
The Double Facing Constitution
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Author : David Dyzenhaus
language : en
Publisher:
Release Date : 2019
The Double Facing Constitution written by David Dyzenhaus and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Constitutional law categories.
"This collection explores some of the many ways in which constitutional orders engage with the outside world - the world of other states, of foreign norms, and of individuals who are in some sense 'strangers to the constitution'. These various forms of foreignness we refer to as constitutional and legal exteriority. The conceptual and normative understanding of constitutional orders as actively concerned with, and in part formed by, their exteriors, we call the double-facing constitution"--
Talking To Strangers
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Author : Danielle Allen
language : en
Publisher: University of Chicago Press
Release Date : 2009-08-01
Talking To Strangers written by Danielle Allen and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-08-01 with Political Science categories.
"Don't talk to strangers" is the advice long given to children by parents of all classes and races. Today it has blossomed into a fundamental precept of civic education, reflecting interracial distrust, personal and political alienation, and a profound suspicion of others. In this powerful and eloquent essay, Danielle Allen, a 2002 MacArthur Fellow, takes this maxim back to Little Rock, rooting out the seeds of distrust to replace them with "a citizenship of political friendship." Returning to the landmark Brown v. Board of Education decision of 1954 and to the famous photograph of Elizabeth Eckford, one of the Little Rock Nine, being cursed by fellow "citizen" Hazel Bryan, Allen argues that we have yet to complete the transition to political friendship that this moment offered. By combining brief readings of philosophers and political theorists with personal reflections on race politics in Chicago, Allen proposes strikingly practical techniques of citizenship. These tools of political friendship, Allen contends, can help us become more trustworthy to others and overcome the fossilized distrust among us. Sacrifice is the key concept that bridges citizenship and trust, according to Allen. She uncovers the ordinary, daily sacrifices citizens make to keep democracy working—and offers methods for recognizing and reciprocating those sacrifices. Trenchant, incisive, and ultimately hopeful, Talking to Strangers is nothing less than a manifesto for a revitalized democratic citizenry.
Strangers To The Law
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Author : Lisa Melinda Keen
language : en
Publisher: University of Michigan Press
Release Date : 2000-05-23
Strangers To The Law written by Lisa Melinda Keen and has been published by University of Michigan Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-05-23 with Law categories.
In 1992, the voters of Colorado passed a ballot initiative amending the state constitution to prevent the state or any local government from adopting any law or policy that protected a person with a homosexual, lesbian, or bisexual orientation from discrimination. This amendment was immediately challenged in the courts as a denial of equal protection of the laws under the United States Constitution. This litigation ultimately led to a landmark decision by the United States Supreme Court invalidating the Colorado ballot initiative. Suzanne Goldberg, an attorney involved in the case from the beginning on behalf of the Lambda Legal Defense and Education Fund, and Lisa Keen, a journalist who covered the initiative campaign and litigation, tell the story of this case, providing an inside view of this complex and important litigation. Starting with the background of the initiative, the authors tell us about the debates over strategy, the court proceedings, and the impact of each stage of the litigation on the parties involved. The authors explore the meaning of legal protection for gay people and the arguments for and against the Colorado initiative. This book is essential reading for anyone interested in the development of civil rights protections for gay people and the evolution of what it means to be gay in contemporary American society and politics. In addition, it is a rich story well told, and will be of interest to the general reader and scholars working on issues of civil rights, majority-minority relations, and the meaning of equal rights in a democratic society. Suzanne Goldberg is an attorney with the Lambda Legal Defense and Education Fund. Lisa Keen is Senior Editor at the Washington Blade newspaper.
Human Rights Democracy And Legitimacy In A World Of Disorder
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Author : Silja Voeneky
language : en
Publisher: Cambridge University Press
Release Date : 2018-10-11
Human Rights Democracy And Legitimacy In A World Of Disorder written by Silja Voeneky 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 2018-10-11 with Law categories.
Examines a trio of key concepts that help to stabilize states and the international order: human rights, democracy, and legitimacy.
The Law Of Strangers
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Author : James Loeffler
language : en
Publisher: Cambridge University Press
Release Date : 2019-07-18
The Law Of Strangers written by James Loeffler 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 2019-07-18 with Law categories.
Fourteen leading scholars explore the lives of seven of the most famous Jewish lawyers in the history of international law.
Strangers At The Gate
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Author : H. Patrick Glenn
language : en
Publisher: Cowansville, Quebec : Éditions Y. Blais
Release Date : 1992
Strangers At The Gate written by H. Patrick Glenn and has been published by Cowansville, Quebec : Éditions Y. Blais this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with Aliens, Illegal categories.
This comparative study is designed to examine a number of national responses to providing a regulatory system with the capacity and efficiency to deal with the number of foreign non-residents seeking entry into the country and ensuring that the regulatory system meets fundamental standards of procedural justice as required by national and international law. The study examines in particular the procedures followed in removing persons who enter a country without proper documentation and seek to remain permanently. The countries examined are: France, Germany, Denmark, the United Kingdom, Australia, USA and Canada. The first section of the study considers the sources of entitlements to procedural justice. Special attention is given to the roles of constitutional and national laws in establishing procedural rights for the foreign non-resident. The following section examines primary adjudication for illegal entrants. The decisional authority is considered in terms of exclusion, removal and security. Attention is also given to the procedure of the decisional authority as well as evidence. A separate section deals with primary adjudication for refugee claimants. Once again decisional authority is discussed, this time in terms of determining refugee status and procedure and representation. The last section concerns various recourses available against decisions and the availabilty of a residual discretion which may be used to preclude enforcement.
Human Rights In A Time Of Populism
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Author : Gerald L. Neuman
language : en
Publisher: Cambridge University Press
Release Date : 2020-04-09
Human Rights In A Time Of Populism written by Gerald L. Neuman 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 2020-04-09 with Law categories.
Leading experts examine the threats posed by populism to human rights and the international systems and explore how to confront them.