Due Process of Law, And, the Divine Right of Dissent

Due Process of Law, And, the Divine Right of Dissent
Author: Alonzo T. Jones
Publisher: Forgotten Books
Total Pages: 540
Release: 2017-11-21
Genre: Political Science
ISBN: 9780331629071

Excerpt from "Due Process of Law," And, the Divine Right of Dissent: A Review March 6, 1890, the case was brought to trial at Troy, Obion county, before Judge Swiggett. King was convicted, and fined $75 and costs. An appeal was taken to the State Supreme Court. There the judgment was confirmed in a verbal decision, citing a former decision in a like case, in which the judgment was confirmed by declaring Christianity to be part of the common law of Tennessee, and that offenses against it were properly indictable and punishable as com mon-law offenses. From this, by writ of habeas corpus, the case was carried before the Circuit Court of the United States for the Western District of Tennessee, upon the plea that The Fourteenth Amendment of the United States Constitution was violated, in that King was deprived of his liberty without due process of law. The Court was composed of District Judge Ham mond and Circuit Judge Jackson. The opinion was written solely by Judge Hammond, and was filed in Memphis the afternoon of August 1, 1891. It was printed in full in the Memphis appeal-avalanche the next day, Sunday, August 2. In the introduction it said: Judge Hammond says that while he is not authorized to say that Judge Jackson concurs in his opinion, which he has not seen, he does concur in the result and the ground of the decision. 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.

Common Good Constitutionalism

Common Good Constitutionalism
Author: Adrian Vermeule
Publisher: John Wiley & Sons
Total Pages: 171
Release: 2022-02-08
Genre: Political Science
ISBN: 1509548882

The way that Americans understand their Constitution and wider legal tradition has been dominated in recent decades by two exhausted approaches: the originalism of conservatives and the “living constitutionalism” of progressives. Is it time to look for an alternative? Adrian Vermeule argues that the alternative has been there, buried in the American legal tradition, all along. He shows that US law was, from the founding, subsumed within the broad framework of the classical legal tradition, which conceives law as “a reasoned ordering to the common good.” In this view, law’s purpose is to promote the goods a flourishing political community requires: justice, peace, prosperity, and morality. He shows how this legacy has been lost, despite still being implicit within American public law, and convincingly argues for its recovery in the form of “common good constitutionalism.” This erudite and brilliantly original book is a vital intervention in America’s most significant contemporary legal debate while also being an enduring account of the true nature of law that will resonate for decades with scholars and students.

Liberty

Liberty
Author:
Publisher:
Total Pages: 204
Release: 1906
Genre:
ISBN:

The Second Disestablishment

The Second Disestablishment
Author: Steven Green
Publisher: Oxford University Press
Total Pages: 471
Release: 2010-04-12
Genre: Religion
ISBN: 0199889716

Debates over the proper relationship between church and state in America tend to focus either on the founding period or the twentieth century. Left undiscussed is the long period between the ratification of the Constitution and the 1947 Supreme Court ruling in Everson v. Board of Education, which mandated that the Establishment Clause applied to state and local governments. Steven Green illuminates this neglected period, arguing that during the 19th century there was a "second disestablishment." By the early 1800s, formal political disestablishment was the rule at the national level, and almost universal among the states. Yet the United States remained a Christian nation, and Protestant beliefs and values dominated American culture and institutions. Evangelical Protestantism rose to cultural dominance through moral reform societies and behavioral laws that were undergirded by a maxim that Christianity formed part of the law. Simultaneously, law became secularized, religious pluralism increased, and the Protestant-oriented public education system was transformed. This latter impulse set the stage for the constitutional disestablishment of the twentieth century. The Second Disestablishment examines competing ideologies: of evangelical Protestants who sought to create a "Christian nation," and of those who advocated broader notions of separation of church and state. Green shows that the second disestablishment is the missing link between the Establishment Clause and the modern Supreme Court's church-state decisions.