The Development of Constitutional Guarantees of Liberty

The Development of Constitutional Guarantees of Liberty PDF

Author: Roscoe Pound

Publisher: Greenwood

Published: 1975

Total Pages: 246

ISBN-13:

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Excerpt from The Development of Constitutional Guarantees of Liberty IN his recent book on the Supreme Court, the late Mr. Justice Jackson tells us that in Great Britain to Oh serve civil liberties is good politics and to transgress the rights of individuals or the minority is bad politics. He adds: In the United States I cannot say that this is so. Hence he concludes that the Supreme Court must have the support Of a vigorous and enlightened public Opinion if it is to uphold civil liberties. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

The Development of Constitutional Guarantees of Liberty (Classic Reprint)

The Development of Constitutional Guarantees of Liberty (Classic Reprint) PDF

Author: Roscoe Pound

Publisher: Forgotten Books

Published: 2017-01-22

Total Pages: 234

ISBN-13: 9780243119318

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Excerpt from The Development of Constitutional Guarantees of Liberty IN his recent book on the Supreme Court, the late Mr. Justice Jackson tells us that in Great Britain to Oh serve civil liberties is good politics and to transgress the rights Of individuals or the minority is bad politics. He adds: In the United States I cannot say that this is so. Hence he concludes that the Supreme Court must have the support Of a vigorous and enlightened public Opinion if it is to uphold civil liberties. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

Liberty, Property, and the Future of Constitutional Development

Liberty, Property, and the Future of Constitutional Development PDF

Author: Howard Dickman

Publisher: State University of New York Press

Published: 1990-07-05

Total Pages: 360

ISBN-13: 1438415656

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This book is a discussion of current trends in the constitutional protection of economic liberties. Since the mid-1930's, the Supreme Court has been reluctant to replace legislative judgements on matters of economic regulation with its own. While the Court permits wide legislative experimentation in the economic realm, it scrutinizes governmental attempts to regulate or abridge other civil liberties quite closely. This state of affairs is known as the "double standard." The question of the appropriateness of this unequal treatment by the Court of these two classes of liberties generates much of the controversy in this volume. Other topics dealt with include the current trends in (and relevance of) constitutional law for welfare rights, labor unions, and labor law. Recent Supreme Court decisions on property rights also receive much attention.

Civil Liberties and the Constitution

Civil Liberties and the Constitution PDF

Author: Lucius Jefferson Barker

Publisher: Prentice Hall

Published: 2010-09-03

Total Pages: 868

ISBN-13:

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Law and courts in political-social context -- Civil liberties in the context of federalism -- Freedom of expression -- Freedom of expression in special contexts -- Freedom of the press and association -- The establishment clause -- The free exercise of religion -- The exclusionary rule and other fourth amendment controversies -- Protection against compulsory self-incrimination and the right to counsel -- Other constitutional guarantees in the criminal process : trials, sentencing, and incarceration -- The development and legal demise of racial segregation -- The rocky road of school desegregation -- The continuing significance of race : the prevalence of biases and the affirmative action controversy -- The continuing significance of race : voting and representation -- Native Americans : race and culture : promises made, promises broken -- Equal rights for women and gender-based discrimination -- Privacy and individual rights in varied contexts -- The poor in court : expanding and contracting rights -- Age, alienage, and disability discrimination.

Fundamental Liberties of a Free People

Fundamental Liberties of a Free People PDF

Author:

Publisher: Transaction Publishers

Published: 2002-11-30

Total Pages: 484

ISBN-13: 9781412824279

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Of the American Bill of Rights, perhaps the forty-five words that comprise the First Amendment-allowing freedom of religion, speech, press, and assembly, and the guaranty of the writ of habeas corpus-are the most precious. Only a legal expert could lay claim to truly understanding the meaning and intention of those basic freedoms. Yet it is precisely the expert, knowing the complexity of the subject, who would be the first to hesitate to claim to possess such a thorough understanding. In analyzing such freedoms basic to American society, Milton Konvitz helps make comprehending our fundamental liberties easier. The book is divided into three parts: I. Freedom of Religion; II. Freedom of Speech, Press, and Assembly; III. Freedom of Speech, Press, and Assembly: The Clear and Present Danger Doctrine. The reader will find included such topics as the debate over the scope of the separation of Church and State, whether or not freedom of religion is an absolute right, religious freedom prior to 1776, the liberty of private schools, heresy, the right for a religious group to seek converts, the freedoms not to speak and listen, obscene literature, picketing in labor disputes, the freedom to think and believe, abridgments of speech and press, and loyalty oaths and guilt by association. Konvitz's work includes an important chapter on the history of the adoption of the Bill of Rights. His careful tracing of the development of constitutional attitudes to the freedoms protected by the First Amendment is a scholarly benchmark, and is still an archetype for students doing research and writing about these issues. It is of critical importance to anyone seeking an authoritative statement on the basic liberties guaranteed by the First Amendment to the United States Constitution. Fundamental Liberties of a Free People is a relevant and practical guide to understanding the liberties so fundamental to a free society. In his new introduction and afterword, author Milton Konvitz brings First Amendment developments up to 2002. It will be welcomed by students and scholars of constitutional law, government, politics, religion, and American history.

Fundamental Rights

Fundamental Rights PDF

Author: Milton Konvitz

Publisher: Routledge

Published: 2017-07-12

Total Pages: 278

ISBN-13: 1351518313

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One of the most important modern developments in American constitutional law has been the extension of the Bill of Rights to the states. The most important guarantees of the first eight amendments have been incorporated into the Due Process Clause of the Fourteenth Amendment, along with the doctrine that these are rights that are so "fundamental" that any restriction is subject to judicial "strict scrutiny." The process has nationalized fundamental rights, giving them a preferred dignity and majesty. In this volume, the renowned constitutional scholar, Milton Konvitz, traces the development of fundamental rights from the early days of American jurisprudence through twentieth-century cases involving the right to privacy, racial discrimination, voting rights, censorship, and abortion laws. In Konvitz's astute view, the Bill of Rights in the Constitution of the United States, like the Ten Commandments, places no priority among protected or guaranteed rights. He argues that values, ideals, rights, liberties, and privileges need to be placed in a hierarchical order or scale. The Supreme Court, acting on a case-by-case basis, has slowly and cautiously moved to designate some rights as superior to others. This idea that some rights are of a "fundamental" nature, while others are not, can be traced back to the early days of the nation's government. Konvitz shows that there may be said to be not one, but two or even three bills of rights, one for the Federal government and one for the States. Still another, may be an unwritten but evolving Bill of Rights. The Court has recognized rights or liberties that are in no written constitution, as for example, a right to marry, a right to have a family, a right to choose education of one's children in a private, even a religious, school, rather than a public school. In an illuminating fashion, Konvitz, whose writings have been cited in Supreme Court decisions, traces the controversial and very uneven line of development of

Constitutional Law for a Changing America

Constitutional Law for a Changing America PDF

Author: Lee Epstein

Publisher: CQ Press

Published: 2015-08-28

Total Pages: 2019

ISBN-13: 1483384020

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Judicial decisions are influenced by myriad political factors, from lawyers and interest groups, to the shifting sentiments of public opinion, to the ideological and behavioral inclinations of the justices. In Constitutional Law for a Changing America: Rights, Liberties, and Justice, Ninth Edition authors Lee Epstein and Thomas G. Walker show how these dynamics shape the development of constitutional doctrine. Known for fastidious revising and streamlining, the authors incorporate the latest scholarship in the fields of both political science and legal studies and offer rock-solid analysis of both classic and contemporary landmark cases, including key opinions handed down through the 2015 session. Filled with additional supporting material—photographs of the litigants, sidebars comparing the U.S. with other nations, and "Aftermath" boxes that tell the stories of the parties' lives after the Supreme Court has acted—the text encourages greater student engagement with the material and a more complete understanding of the American constitution.

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