Losing Liberty Judicially

Losing Liberty Judicially PDF Author: Thomas James Norton
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 276

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Book Description
"The discussion has to do solely with the power of government in the United States under the Constitution and the liberty of the man under the same instrument."--Preface.

Losing Liberty Judicially

Losing Liberty Judicially PDF Author: Thomas James Norton
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 276

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Book Description
"The discussion has to do solely with the power of government in the United States under the Constitution and the liberty of the man under the same instrument."--Preface.

The Dred Scott Case

The Dred Scott Case PDF Author: Roger Brooke Taney
Publisher: Legare Street Press
ISBN: 9781017251265
Category : History
Languages : en
Pages : 0

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Book Description
The Washington University Libraries presents an online exhibit of documents regarding the Dred Scott case. American slave Dred Scott (1795?-1858) and his wife Harriet filed suit for their freedom in the Saint Louis Circuit Court in 1846. The U.S. Supreme Court decided in 1857 that the Scotts must remain slaves.

The Judicial Application of Human Rights Law

The Judicial Application of Human Rights Law PDF Author: Nihal Jayawickrama
Publisher: Cambridge University Press
ISBN: 9780521780421
Category : Law
Languages : en
Pages : 1104

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Book Description
10 The right to life

The War On Our Freedoms

The War On Our Freedoms PDF Author: Richard C Leone
Publisher: PublicAffairs
ISBN: 0786725540
Category : History
Languages : en
Pages : 338

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Book Description
In each generation, for different reasons, America witnesses a tug of war between the instinct to suppress and the instinct for openness. Today, with the perception of a mortal threat from terrorists, the instinct to suppress is in the ascendancy. Part of the reason for this is the trauma that our country experienced on September 11, 2001, and part of the reason is that the people who are in charge of our government are inclined to use the suppression of information as a management strategy. Rather than waiting ten or fifteen years to point out what's wrong with the current rush to limit civil liberties in the name of "national security," these essays by top thinkers, scholars, journalists, and historians lift the veil on what is happening and why the implications are dangerous and disturbing and ultimately destructive of American values and ideals. Without our even being aware, the judiciary is being undermined, the press is being intimidated, racial profiling is rampant, and our privacy is being invaded. The "war on our freedoms " is just as real as the "war on terror " -- and, in the end, just as dangerous.

How Rights Went Wrong

How Rights Went Wrong PDF Author: Jamal Greene
Publisher: Houghton Mifflin
ISBN: 1328518116
Category : Law
Languages : en
Pages : 341

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Book Description
An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.

Government by Judiciary

Government by Judiciary PDF Author: Raoul Berger
Publisher: Studies in Jurisprudence and L
ISBN: 9780865971448
Category : Law
Languages : en
Pages : 0

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Book Description
It is Berger's theory that the United States Supreme Court has embarked on "a continuing revision of the Constitution, under the guise of interpretation," thereby subverting America's democratic institutions and wreaking havoc upon Americans' social and political lives. Raoul Berger (1901-2000) was Charles Warren Senior Fellow in American Legal History, Harvard University. Please note: This title is available as an ebook for purchase on Amazon, Barnes and Noble, and iTunes.

Freedom in the World 2006

Freedom in the World 2006 PDF Author: Freedom House
Publisher: Rowman & Littlefield
ISBN: 9780742558038
Category : Political Science
Languages : en
Pages : 924

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Book Description
Freedom in the World, the Freedom House flagship survey whose findings have been published annually since 1972, is the standard-setting comparative assessment of global political rights and civil liberties. The survey ratings and narrative reports on 192 countries and a group of select territories are used by policy makers, the media, international corporations, and civic activists and human rights defenders to monitor trends in democracy and track improvements and setbacks in freedom worldwide. Press accounts of the survey findings appear in hundreds of influential newspapers in the United States and abroad and form the basis of numerous radio and television reports. The Freedom in the World political rights and civil liberties ratings are determined through a multi-layered process of research and evaluation by a team of regional analysts and eminent scholars. The analysts used a broad range of sources of information, including foreign and domestic news reports, academic studies, nongovernmental organizations, think tanks, individual professional contacts, and visits to the region, in conducting their research. The methodology of the survey is derived in large measure from the Universal Declaration of Human Rights, and these standards are applied to all countries and territories, irrespective of geographical location, ethnic or religious composition, or level of economic development.

Taking the Constitution Away from the Courts

Taking the Constitution Away from the Courts PDF Author: Mark Tushnet
Publisher: Princeton University Press
ISBN: 1400822971
Category : Law
Languages : en
Pages : 255

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Book Description
Here a leading scholar in constitutional law, Mark Tushnet, challenges hallowed American traditions of judicial review and judicial supremacy, which allow U.S. judges to invalidate "unconstitutional" governmental actions. Many people, particularly liberals, have "warm and fuzzy" feelings about judicial review. They are nervous about what might happen to unprotected constitutional provisions in the chaotic worlds of practical politics and everyday life. By examining a wide range of situations involving constitutional rights, Tushnet vigorously encourages us all to take responsibility for protecting our liberties. Guarding them is not the preserve of judges, he maintains, but a commitment of the citizenry to define itself as "We the People of the United States." The Constitution belongs to us collectively, as we act in political dialogue with each other--whether in the street, in the voting booth, or in the legislature as representatives of others. Tushnet urges that we create a "populist" constitutional law in which judicial declarations deserve no special consideration. But he warns that in so doing we must pursue reasonable interpretations of the "thin Constitution"--the fundamental American principles embodied in the Declaration of Independence and the Preamble to the Constitution. A populist Constitution, he maintains, will be more effective than a document exclusively protected by the courts. Tushnet believes, for example, that the serious problems of the communist scare of the 1950s were aggravated when Senator Joseph McCarthy's opponents were lulled into inaction, believing that the judicial branch would step in and declare McCarthy's actions unconstitutional. Instead of fulfilling the expectations, the Court allowed McCarthy to continue his crusade until it was ended. Tushnet points out that in this context and in many others, errors occurred because of the existence of judicial review: neither the People nor their representatives felt empowered to enforce the Constitution because they mistakenly counted on the courts to do so. Tushnet's clarion call for a new kind of constitutional law will be essential reading for constitutional law experts, political scientists, and others interested in how and if the freedoms of the American Republic can survive into the twenty-first century.

Freedom for the Thought That We Hate

Freedom for the Thought That We Hate PDF Author: Anthony Lewis
Publisher: ReadHowYouWant.com
ISBN: 1458758389
Category : History
Languages : en
Pages : 262

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Book Description
More than any other people on earth, we Americans are free to say and write what we think. The press can air the secrets of government, the corporate boardroom, or the bedroom with little fear of punishment or penalty. This extraordinary freedom results not from America’s culture of tolerance, but from fourteen words in the constitution: the free expression clauses of the First Amendment.InFreedom for the Thought That We Hate, two-time Pulitzer Prize-winner Anthony Lewis describes how our free-speech rights were created in five distinct areas—political speech, artistic expression, libel, commercial speech, and unusual forms of expression such as T-shirts and campaign spending. It is a story of hard choices, heroic judges, and the fascinating and eccentric defendants who forced the legal system to come face to face with one of America’s great founding ideas.

The Unconstitutionality of Slavery

The Unconstitutionality of Slavery PDF Author: Lysander Spooner
Publisher:
ISBN:
Category : Enslaved persons
Languages : en
Pages : 168

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Book Description