The Conscience of the Constitution PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download The Conscience of the Constitution PDF full book. Access full book title The Conscience of the Constitution by Timothy Sandefur. Download full books in PDF and EPUB format.
Author: Timothy Sandefur
Publisher: Cato Institute
ISBN: 1939709040
Category : Law
Languages : en
Pages : 217
Get Book Here
Book Description
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: Timothy Sandefur
Publisher: Cato Institute
ISBN: 1939709040
Category : Law
Languages : en
Pages : 217
Get Book Here
Book Description
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: H. Jefferson Powell
Publisher: University of Chicago Press
ISBN: 0226677303
Category : Law
Languages : en
Pages : 161
Get Book Here
Book Description
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: David A. J. Richards
Publisher: Princeton University Press
ISBN: 1400863562
Category : Law
Languages : en
Pages : 308
Get Book Here
Book Description
At stage center of the American drama, maintains David A. J. Richards, is the attempt to understand the implications of the Reconstruction Amendments--Amendments Thirteen, Fourteen, and Fifteen to the United States Constitution. Richards evaluates previous efforts to interpret the amendments and then proposes his own view: together the amendments embodied a self-conscious rebirth of America's revolutionary, rights-based constitutionalism. Building on an approach to constitutional law developed in his Toleration and the Constitution and Foundations of American Constitutionalism, Richards links history, law, and political theory. In Conscience and the Constitution, this method leads from an analysis of the Reconstruction Amendments to a broad discussion of the American constitutional system as a whole. Richards's interpretation focuses on the abolitionists and their radical commitment to the "dissenting conscience." In his view, the Reconstruction Amendments expressed not only the constitutional arguments of a particular historical period but also a general political theory developed by the abolitionists, who restructured the American political community in terms of respect for universal human rights. He argues further that the amendments make a claim on our generation to keep faith with the vision of the "founders of 1865." In specific terms he points out what such allegiance would mean in the context of present-day constitutional issues. Originally published in 1993. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Author: Moses Stuart
Publisher: University of Michigan Library
ISBN:
Category : History
Languages : en
Pages : 120
Get Book Here
Book Description
Author: Grzegorz Blicharz
Publisher: Wydawnictwo Instytutu Wymiaru Sprawiedliwości
ISBN: 8366344126
Category : Law
Languages : en
Pages : 428
Get Book Here
Book Description
Freedom of Conscience. A Comparative Law Perspective addresses the timeliest of topics. Across the European continent as well as in the Anglophone world (including the United States), “freedom of conscience” is at the forefront of issues addressed by judges and legislators. It is also a perennial matter of great importance. Public authorities throughout the ages have struggled to understand, and properly to meld, the necessities of political order and the freedom of competent adults to author their own actions and to constitute themselves by making, and acting upon, their conscientious decisions about what moral truth requires of them. The urgency and gravity of the issues presented by “freedom of conscience” is also matched by their intrinsic complexity. For all these reasons, only a multi-disciplinary, full-orbed approach to these questions will do them justice. This volume rises to the occasion. The comparative perspective supplied by the editor’s recruitment of an international group of scholars, and also by his assignment to some of them the task of investigating additional countries, is utterly invaluable. The papers deftly blend what I might call “lawyer’s law” – that is, a careful presentation of the facts and holdings of courts or the precise details of a particular statutory scheme – with genuine philosophical depth. I should like to emphasize this virtue of the collection by observing that collections of this general sort tend to be either all sail or all anchor, either drowned in the minutiae of law without a care for the big picture, or all philosophy untethered to the reality of the positive law. Blicharz’s book has broken this mold. It promises to appeal to working lawyers, students, judges, and scholars. Gerard V. Bradley, Professor of Law, University of Notre Dame, USA This edited volume will be a useful resource to scholars in this area. It has a rich national variety, covering Poland (extensively), Italy, the United States, the United Kingdom, and three Scandinavian countries (Sweden, Norway, and Finland). Anyone interested in the state of the freedom of conscience in notable Western democracies will benefit from this work. Those particularly interested in Poland, a country not always focused on in the literature, will find this book of great value. And that is the hallmark of scholarship – a conversation in the search for truth. James C. Phillips, PhD, Stanford University’s Constitutional Law Center, USA
Author: Jeffrey B. Hammond
Publisher: Cambridge University Press
ISBN: 1108835384
Category : Law
Languages : en
Pages : 471
Get Book Here
Book Description
This book explores the Christian theological, legal, constitutional, historical, and philosophical meanings of conscience for both scholarly and educated general audiences.
Author: Peter Charles Hoffer
Publisher: Univ of North Carolina Press
ISBN: 0807862061
Category : Law
Languages : en
Pages : 318
Get Book Here
Book Description
The Law's Conscience is a history of equity in Anglo-American juris-prudence from the inception of the chancellor's court in medieval England to the recent civil rights and affirmative action decisions of the United States Supreme Court. Peter Hoffer argues that equity embodies a way of looking at law, including constitutions, based on ideas of mutual fairness, public trusteeship, and equal protection. His central theme is the tension between the ideal of equity and the actual availability of equitable remedies. Hoffer examines this tension in the trusteeship constitutionalism of John Locke and Thomas Jefferson; the incorporation of equity in the first American constitutions; the antebellum controversy over slavery; the fortunes of the Freedmen's Bureau after the Civil War; the emergence of the doctrine of "Balance of Equity" in twentieth-century public-interest law; and the desegregation and reverse discrimination cases of the past thirty-five years. Brown v. Board of Education (1954) was the most important equity suit in American history, and Hoffer begins and ends his book with a new interpretation of its lessons.
Author: George Clarke Cox
Publisher:
ISBN:
Category : Law and ethics
Languages : en
Pages : 522
Get Book Here
Book Description
Author:
Publisher:
ISBN: 9789390644414
Category : Freedom of religion
Languages : en
Pages : 262
Get Book Here
Book Description
Author: Michael W. McConnell
Publisher: Aspen Publishing
ISBN: 145487614X
Category : Law
Languages : en
Pages : 903
Get Book Here
Book Description
Religion and the Constitution, Fourth Edition, written by a team of well-known Constitutional Law scholars, thoughtfully examines the relationship between government and religion within the framework of the U.S. Constitution. This classroom-tested casebook is suitable for courses in Religious Liberty, Religion and the Constitution, or Religious Institutions and the Law.
