The Living Constitution

Author: David A. Strauss
Publisher: Oxford University Press
ISBN: 9780199752539
Size: 42.45 MB
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Strauss explores how judicial decisions adapted the Constitution's text (and contradicted original intent) to produce some of our most profound accomplishments: the end of racial segregation, the expansion of women's rights, and the freedom ...

The Evangelical Origins Of The Living Constitution

Author: John W. Compton
Publisher: Harvard University Press
ISBN: 067441988X
Size: 40.23 MB
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92. Ezell, Fortune's Merry Wheel, 221. 93. Cherrington, The Evolution
ofProhibition, 98–134. 94. For a list of states enacting statewide prohibition laws
in the antebellum period, see Szymanski, Pathways to Prohibition, 128. 95.
Lyman Beecher, “Six Sermons on Intemperance,” 66, 72. 96. For example,
Charles Grandison Finney, in his Lectures on Systematic Theology, offered the
following denunciation of the idea of “inalienablerights: “What is this [that is, the
idea of inalienable rights] ...

American Constitutional History A Brief Introduction

Author: Jack Fruchtman
Publisher: John Wiley & Sons
ISBN: 1119141753
Size: 57.87 MB
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On doctrinal debates over the living constitution versus originalism, see Antonin
Scalia, A Matter of Interpretation: Federal Courts and the Law (Princeton, 1997);
Steven G. Calabresi, ed., Originalism: A Quarter‐Century of Debate (Washington,
DC, 2007); David A. Strauss, The Living Constitution (Inalienable Rights) (New
York, 2010); and Jack Balkin, Living Originalism (Cambridge, MA, 2011). For the
justices' views, begin with Stephen Breyer's two works: Active Liberty: Interpreting
 ...

Cosmic Constitutional Theory

Author: J. Harvie Wilkinson III
Publisher: Oxford University Press
ISBN: 0199930074
Size: 61.49 MB
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Why Americans Are Losing Their Inalienable Right to Self-Governance J. Harvie
Wilkinson III. 94. DAVID A. STRAUSS, THE LIVING CONSTITUTION 19 (2010).
95. Scalia, supra note 45, at 860–61. 96. See Adamson v. California, 332 U.S. 46,
68 (1947) (Black, J., dissenting). 97. See Fay v. Noia, 372 U.S. 391 (1962) (
Brennan, J.). 98. See, e.g., Charles Fairman, Does the Fourteenth Amendment
Incorporate the Bill of Rights? 2 STAN. L. REV. 5, 139 (1949) (“In [Justice Black's]
 ...

A Manifesto On The Constitution Social Contract And Certain Inalienable Rights

Author: Iras DuBard, MSW
Publisher: Xlibris Corporation
ISBN: 9781456851088
Size: 46.22 MB
Format: PDF, Mobi
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Data are incomplete for the living arrangement of victims. Some States that
reported data were excluded from the analysis if the State reported more than 50
percent of the data as unknown or missing. Less than one-half of the States (22)
reported usable data for this field. It is hoped that the reporting of this data
element will improve in the coming years. Inthe22Statesthat reported
livingarrangementdata, approximately 26 percent (25.5%) of victims were living
with a single mother.

Judges On Judging

Author: David M. O'Brien
Publisher: CQ Press
ISBN: 150634030X
Size: 40.54 MB
Format: PDF
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Although it is possible that the Framers intended to write this sort of flexibility into
the Constitution, constitutional language to that effect is absent. The burden of
historical proof should therefore be on those who assert that the Framers
intended a socalled living Constitution. Some have ... In addition, squaring the
belief held by the Framers' generation in selfevident truth and inalienable rights
with the normative relativity of the “growing Constitution” theory is difficult. The
relativity of truth ...

Social Science

Author: Elgin F. Hunt
Publisher: Taylor & Francis
ISBN: 1317225732
Size: 66.39 MB
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For this reason it has sometimes been called a living constitution. Individuals'
Inalienable Rights. The Preamble of our Constitution contains the declaration that
one of the great purposes of government is “to secure the blessings of liberty to
ourselves and our posterity.”The U.S. concept of limited, constitutional
government is based on the proposition that the people reserve to themselves
certain areas of freedom that government may not invade, that people have
inherent rights no ...

The Supreme Court And The Living Constitution

Author: Kenneth Frank Mott
Publisher:
ISBN:
Size: 42.54 MB
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It assumes that there are such privileges and immunities which belong of right to
citizens as such, and ordains that they shall not be abridged by state legislation. If
this inhibition ... With privileges and immunities thus designated no state could
ever have interfered by its laws, and no new constitutional provision was required
to inhibit such interference. The supremacy of ... But if the Amendment refers to
the natural and inalienable rights which belong to all citizens, the inhibition has a
 ...

Never Enough

Author: William Voegeli
Publisher: Encounter Books
ISBN: 1594035849
Size: 55.87 MB
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... reassurances was the idea of a “living Constitution.” New Dealers realized
there was something unnerving about their contention that the Constitution, long
thought to have imposed strict limits on the ends the federal government could
pursue and the means it could employ, was in fact an authorization for the
government to pursue virtually any goal it wanted through any mechanism it
chose. The interpretation of a Constitution of enumerated powers meant to
secure inalienable rights ...

On Constitutional Disobedience

Author: Louis Michael Seidman
Publisher: Oxford University Press
ISBN: 0199969698
Size: 69.15 MB
Format: PDF
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According to Louis Michael Seidman, it's time to stop. In On Constitutional Disobedience, Seidman argues that, in order to bring our basic law up to date, it needs benign neglect. This is a highly controversial assertion.