William Pinkney To Nathaniel Williams Expressing His Agreement With A Legal Statement 19 January 1813
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Keeping Faith with the Constitution
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.
Prices of Clothing
Author | : John M. Curran |
Publisher | : |
Total Pages | : 24 |
Release | : 1919 |
Genre | : Clothing and dress |
ISBN | : |
The Memorial History of Hartford County, Connecticut, 1633-1884
Author | : James Hammond Trumbull |
Publisher | : |
Total Pages | : 726 |
Release | : 1886 |
Genre | : Hartford County (Conn.) |
ISBN | : |
A History of African Americans of Delaware and Maryland's Eastern Shore
Author | : Carole C. Marks |
Publisher | : Delaware Heritage Press |
Total Pages | : 256 |
Release | : 1998 |
Genre | : African Americans |
ISBN | : 9780924117121 |
Compendium of the Impending Crisis of the South
Author | : Hinton Rowan Helper |
Publisher | : Gale Cengage Learning |
Total Pages | : 224 |
Release | : 1860 |
Genre | : Enslaved persons |
ISBN | : |
This book condemns slavery, by appealed to whites' rational self-interest, rather than any altruism towards blacks. Helper claimed that slavery hurt the Southern economy by preventing economic development and industrialization, and that it was the main reason why the South had progressed so much less than the North since the late 18th century.