The Conscience Of The Constitution
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Author | : Timothy Sandefur |
Publisher | : Cato Institute |
Total Pages | : 217 |
Release | : 2013-11-12 |
Genre | : Law |
ISBN | : 1939709040 |
The Conscience of the Constitution: The Declaration of Independence and the Right to Liberty documents a forgotten truth: the word “democracy” is nowhere to be found in either the Constitution or the Declaration. But it is the overemphasis of democracy by the legal community–rather than the primacy of liberty, as expressed in the Declaration of Independence–that has led to the growth of government power at the expense of individual rights. Now, more than ever, Sandefur explains, the Declaration of Independence should set the framework for interpreting our fundamental law. In the very first sentence of the Constitution, the founding fathers stated unambiguously that “liberty” is a blessing. Today, more and more Americans are realizing that their individual freedoms are being threatened by the ever-expanding scope of the government. Americans have always differed over important political issues, but some things should not be settled by majority vote. In The Conscience of the Constitution, Timothy Sandefur presents a dramatic new challenge to the status quo of constitutional law.
Author | : Frank Abe |
Publisher | : Chin Music Press |
Total Pages | : 164 |
Release | : 2021-07-16 |
Genre | : Comics & Graphic Novels |
ISBN | : 1634050312 |
Three voices. Three acts of defiance. One mass injustice. The story of camp as you’ve never seen it before. Japanese Americans complied when evicted from their homes in World War II -- but many refused to submit to imprisonment in American concentration camps without a fight. In this groundbreaking graphic novel, meet JIM AKUTSU, the inspiration for John Okada’s No-No Boy, who refuses to be drafted from the camp at Minidoka when classified as a non-citizen, an enemy alien; HIROSHI KASHIWAGI, who resists government pressure to sign a loyalty oath at Tule Lake, but yields to family pressure to renounce his U.S. citizenship; and MITSUYE ENDO, a reluctant recruit to a lawsuit contesting her imprisonment, who refuses a chance to leave the camp at Topaz so that her case could reach the U.S. Supreme Court. Based upon painstaking research, We Hereby Refuse presents an original vision of America’s past with disturbing links to the American present.
Author | : H. Jefferson Powell |
Publisher | : University of Chicago Press |
Total Pages | : 161 |
Release | : 2008-09-15 |
Genre | : Law |
ISBN | : 0226677303 |
While many recent observers have accused American judges—especially Supreme Court justices—of being too driven by politics and ideology, others have argued that judges are justified in using their positions to advance personal views. Advocating a different approach—one that eschews ideology but still values personal perspective—H. Jefferson Powell makes a compelling case for the centrality of individual conscience in constitutional decision making. Powell argues that almost every controversial decision has more than one constitutionally defensible resolution. In such cases, he goes on to contend, the language and ideals of the Constitution require judges to decide in good faith, exercising what Powell calls the constitutional virtues: candor, intellectual honesty, humility about the limits of constitutional adjudication, and willingness to admit that they do not have all the answers. Constitutional Conscience concludes that the need for these qualities in judges—as well as lawyers and citizens—is implicit in our constitutional practices, and that without them judicial review would forfeit both its own integrity and the credibility of the courts themselves.
Author | : Stephen Arons |
Publisher | : |
Total Pages | : 240 |
Release | : 1997 |
Genre | : Education |
ISBN | : |
Short Route to Chaos develops a series of specific suggestions for reform based on the principle that education, like religion, is a matter of conscience in which families should be free to select their children's schools and public funding should be allocated equally for each child, regardless of wealth or geographic location. The author goes on to propose public debate about a possible education amendment to the U.S. Constitution. His book is an impassioned call for a pragmatic and populist re-constitution of American schooling - one that respects conscience, supports community, and reinvigorates the principles of constitutional democracy.
Author | : Wayne Allyn Root |
Publisher | : John Wiley and Sons |
Total Pages | : 404 |
Release | : 2009-07-06 |
Genre | : Political Science |
ISBN | : 0470528796 |
Libertarian-conservative solutions to the political, social, economic and tax issues facing the United States from a 2012 Third Party Presidential contender, as well as one of America's leading Tea Party political leaders In today's uncertain economy, people are growing more and more concerned about their financial future, and looking for common sense, limited government solutions. In The Conscience of a Libertarian: Empowering the Citizen Revolution with God, Guns, Gold & Tax Cuts, 2008 Libertarian Party Vice Presidential nominee Wayne Allyn Root presents a passionate case for smaller government; dramatically reduced spending and taxes; States' Rights; free markets; adherence to the Constitution; an end to the Fed; a ban of bailouts, stimulus, earmarks, pork and corporate welfare; economic and personal freedom; and a return of power to the people, just as the Founding Fathers intended. The book Explains why Obama's big government solutions are leading to a Great Depression II and a coming Citizen Revolution Proposes a one year "Income Tax Vacation," a permanent end to capital gains taxes, and detailed spending freezes and cuts across all levels of government Proposes dramatic education reform centered on school choice, home-schooling, charter schools, teacher accountability, and parental freedom Proposes unique reforms in the areas of health care, energy and the public sector (government employee unions) The Conscience of a Libertarian reveals how Americans can take back their country from big government, big unions, big corporations, corrupt politicians, bureaucrats, lawyers and lobbyists.
Author | : Martha Craven Nussbaum |
Publisher | : Basic Books (AZ) |
Total Pages | : 418 |
Release | : 2008-02-05 |
Genre | : Social Science |
ISBN | : 0465051642 |
An analysis of America's commitment to religious liberty uses political history, philosophical ideas, and key constitutional cases to discuss its basis in six principles: equality, respect for conscience, liberty, accommodation of minorities, nonestablishment, and separation of church and state.
Author | : Ronald Reagan |
Publisher | : |
Total Pages | : 102 |
Release | : 1984 |
Genre | : Social Science |
ISBN | : |
Author | : Jeffrey B. Hammond |
Publisher | : Cambridge University Press |
Total Pages | : 471 |
Release | : 2021-06-24 |
Genre | : Law |
ISBN | : 1108835384 |
This book explores the Christian theological, legal, constitutional, historical, and philosophical meanings of conscience for both scholarly and educated general audiences.
Author | : Goodwin Liu |
Publisher | : Oxford University Press |
Total Pages | : 274 |
Release | : 2010-08-05 |
Genre | : Law |
ISBN | : 0199752834 |
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.
Author | : Timothy Sandefur |
Publisher | : Cato Institute |
Total Pages | : 400 |
Release | : 2010-10-01 |
Genre | : Political Science |
ISBN | : 1935308343 |
America’s founders thought the right to earn a living was so basic and obvious that it didn’t need to be mentioned in the Bill of Rights. The Right to Earn a Living charts the history of this fundamental human right, from the constitutional system that was designed to protect it by limiting government’s powers, to the Civil War Amendments that expanded protection to all Americans, regardless of race.