The Tempting of AmericaSimon and Schuster, 2009. gada 24. nov. - 448 lappuses Judge Bork shares a personal account of the Senate Judiciary Committee's hearing on his nomination as well as his view on politics versus the law. In The Tempting of America, one of our most distinguished legal minds offers a brilliant argument for the wisdom and necessity of interpreting the Constitution according to the “original understanding” of the Framers and the people for whom it was written. Widely hailed as the most important critique of the nation’s intellectual climate since The Closing of the American Mind, The Tempting of America illuminates the history of the Supreme Court and the underlying meaning of constitutional controversy. Essential to understanding the relationship between values and the law, it concludes with a personal account of Judge Bork’s chillingly emblematic experiences during the Senate Judiciary Committee’s hearing on his Supreme Court nomination. |
No grāmatas satura
1.–5. rezultāts no 89.
4. lappuse
... legislative Powers," as those are defined in article I of the Constitution, while the President possesses "The executive Power," which is outlined in article II, and article III sets forth the elements of "The judicial Power." Those ...
... legislative Powers," as those are defined in article I of the Constitution, while the President possesses "The executive Power," which is outlined in article II, and article III sets forth the elements of "The judicial Power." Those ...
6. lappuse
... legislative opinion of the American public. That, surely, is the point of their efforts. What the theorists want are ... legislative power of Congress and the state legislatures, in violation both of the separation of powers and of ...
... legislative opinion of the American public. That, surely, is the point of their efforts. What the theorists want are ... legislative power of Congress and the state legislatures, in violation both of the separation of powers and of ...
7. lappuse
Robert H. Bork. legislative power that is actually superior to that of any legislature. The innovations are announced in the name of the Constitution— though they have little or nothing to do with it—and are therefore intended to be, and ...
Robert H. Bork. legislative power that is actually superior to that of any legislature. The innovations are announced in the name of the Constitution— though they have little or nothing to do with it—and are therefore intended to be, and ...
9. lappuse
... legislative choice.. My point is not that these choices are necessarily morally or politically wrong; my point is simply that, under the Constitution, these are questions left for the people and their elected representatives, not for ...
... legislative choice.. My point is not that these choices are necessarily morally or politically wrong; my point is simply that, under the Constitution, these are questions left for the people and their elected representatives, not for ...
11. lappuse
... legislative power is deceptive and difficult to resist because that assumption takes the form of a judgment handed down like other judgments, claims to be "constitutional," and leaves the appearance of the separation of powers intact ...
... legislative power is deceptive and difficult to resist because that assumption takes the form of a judgment handed down like other judgments, claims to be "constitutional," and leaves the appearance of the separation of powers intact ...
Saturs
15 | |
The New Deal Court and the Constitutional | 51 |
The Political Role | 69 |
The Restructuring of State | 84 |
Poll Taxes and the New Equal Protection | 90 |
The Burger and Rehnquist Courts | 101 |
The Supreme Courts Trajectory | 129 |
The Madisonian Dilemma and the Need | 139 |
The Theorists of Conservative Constitutional | 223 |
Of Moralism Moral Relativism | 241 |
The Impossibility of All Theories that Depart | 251 |
Good Results | 261 |
THE BLOODY CROSSROADS | 267 |
The Hearings and After | 295 |
A Study | 323 |
Why the Campaign Was Mounted | 337 |
Objections to Original Understanding | 161 |
The Theorists of Liberal Constitutional | 187 |
Effects for the Future | 345 |
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abortion American apply argument Bickel Biden Bill of Rights blacks campaign Chief Justice citizens civil rights claim Congress constitutional law constitutional right contraceptives culture decide decision democracy democratic discrimination dissent doctrine Dred Scott due process clause elected enacted enforce equal protection clause fact favor federal fifth amendment fourteenth amendment freedom Griswold groups guarantee homosexual Hugo Black Ibid idea individual intellectual issue John Hart Ely Judge Bork judicial power judicial review judiciary law school lawyers legislation legislature legitimate liberal liberty majority matter meaning ment minority moral relativism nation nomination opinion original understanding person political President principle professors prohibited provision question racial ratifiers reason Reprinted by permission right of privacy rule segregation Senate sexual social speech statute substantive due process supra note Supreme Court theorists theory tion tional tradition U.S. CONST United vote Warren Court women
Populāri fragmenti
374. lappuse - SECTION 2. The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation. SECTION 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.
367. lappuse - The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State. SECTION 4. The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive...
377. lappuse - President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President. Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office...
367. lappuse - No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due. SECTION 3. New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more...
24. lappuse - The powers of the legislature are defined and limited; and that those limits may not be mistaken or forgotten, the constitution is written. To what purpose are powers limited, and to what purpose is that , limitation committed to writing, if these limits may, at any time, be passed by those intended to be restrained?
45. lappuse - This case is decided upon an economic theory which a large part of the country does not entertain. If it were a question whether I agreed with that theory, I should desire to study it further and long before making up my mind. But I do not conceive that to be my duty, because I strongly believe that my agreement or disagreement has nothing to do with the right of a majority to embody their opinions in law.
374. lappuse - January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.
98. lappuse - We deal with a right of privacy older than the Bill of Rights— older than our political parties, older than our school system. Marriage is a coming together for better or for worse, hopefully enduring, and intimate to the degree of being sacred. It is an association that promotes a way of life, not causes; a harmony in living, not political faiths; a bilateral loyalty, not commercial or social projects. Yet it is an association for as noble a purpose as any involved in our prior decisions.
364. lappuse - States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President. The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.
74. lappuse - We consider the underlying fallacy of the plaintiff's argument to consist in the assumption that the enforced separation of the two races stamps the colored race with a badge of inferiority. If this be so, it is not by reason of anything found in the act, but solely because the colored race chooses to put that construction upon it.
Atsauces uz šo grāmatu
The Sovereignty of Parliament: History and Philosophy Jeffrey Denys Goldsworthy Priekšskatījums nav pieejams - 1999 |