Retained by the People

Retained by the People PDF Author: Dan Farber
Publisher:
ISBN: 0465022987
Category : Law
Languages : en
Pages : 252

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Book Description
Argues that the Supreme Court would do better to rely on the Ninth Amendment when addressing issues regarding fundamental rights, rather than depending on the Constitution's due process clause.

Retained by the People

Retained by the People PDF Author: Dan Farber
Publisher:
ISBN: 0465022987
Category : Law
Languages : en
Pages : 252

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Book Description
Argues that the Supreme Court would do better to rely on the Ninth Amendment when addressing issues regarding fundamental rights, rather than depending on the Constitution's due process clause.

The Rights Retained by the People

The Rights Retained by the People PDF Author: Randy E. Barnett
Publisher: University Press of America
ISBN:
Category : Law
Languages : en
Pages : 560

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Book Description
A collection of seminal writings on the history and meaning of the Ninth Amendment, reflecting a diverse cross-section of scholarly opinion. From the Introduction by Randy E. Barnett: I suggest that the failure to find a 'general right of freedom' in the Constitution is connected to a general inabi

The Right to Privacy

The Right to Privacy PDF Author: Samuel D. Brandeis, Louis D. Warren
Publisher: BoD – Books on Demand
ISBN: 3732645487
Category : Fiction
Languages : en
Pages : 42

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Book Description
Reproduction of the original: The Right to Privacy by Samuel D. Warren, Louis D. Brandeis

Oregon Blue Book

Oregon Blue Book PDF Author: Oregon. Office of the Secretary of State
Publisher:
ISBN:
Category : Oregon
Languages : en
Pages : 232

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Book Description


Restoring the Lost Constitution

Restoring the Lost Constitution PDF Author: Randy E. Barnett
Publisher: Princeton University Press
ISBN: 0691159734
Category : Law
Languages : en
Pages : 448

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Book Description
The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost. Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a "presumption of liberty" to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people. As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.

Constitution

Constitution PDF Author: United States
Publisher:
ISBN:
Category :
Languages : en
Pages : 66

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Book Description


The Federalist Papers

The Federalist Papers PDF Author: Alexander Hamilton
Publisher: Read Books Ltd
ISBN: 1528785878
Category : History
Languages : en
Pages : 420

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Book Description
Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.

Constitutional Rights of Prisoners

Constitutional Rights of Prisoners PDF Author: John W. Palmer
Publisher: Routledge
ISBN: 1317523873
Category : Law
Languages : en
Pages : 978

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Book Description
This text details critical information on all aspects of prison litigation, including information on trial and appeal, conditions of isolated confinement, access to the courts, parole, right to medical aid and liabilities of prison officials. Highlighted topics include application of the Americans with Disabilities Act to prisons, protection given to HIV-positive inmates, and actions of the Supreme Court and Congress to stem the flow of prison litigation. Part II contains Judicial Decisions Relating to Part I.

Rights of Man

Rights of Man PDF Author: Thomas Paine
Publisher:
ISBN:
Category : France
Languages : en
Pages : 172

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Book Description


The Second Founding: How the Civil War and Reconstruction Remade the Constitution

The Second Founding: How the Civil War and Reconstruction Remade the Constitution PDF Author: Eric Foner
Publisher: W. W. Norton & Company
ISBN: 0393652580
Category : History
Languages : en
Pages : 228

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Book Description
“Gripping and essential.”—Jesse Wegman, New York Times An authoritative history by the preeminent scholar of the Civil War era, The Second Founding traces the arc of the three foundational Reconstruction amendments from their origins in antebellum activism and adoption amidst intense postwar politics to their virtual nullification by narrow Supreme Court decisions and Jim Crow state laws. Today these amendments remain strong tools for achieving the American ideal of equality, if only we will take them up.