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Active Liberty
''Active Liberty: Interpreting Our Democratic Constitution'' is a 2005 book by Supreme Court of the United States, United States Supreme Court Justice Stephen Breyer. The general theme of the book is that Supreme Court justices should, when dealing with United States Constitution, constitutional issues, keep "active liberty" in mind, which Justice Breyer defines as the right of the citizenry of the country to participate in government. Breyer's thesis is commonly viewed as a American liberalism, liberal response to originalism, a view espoused by Antonin Scalia, Justice Antonin Scalia. Background ''Active Liberty'' is based on the Tanner Lectures on Human Values that Breyer delivered at Harvard University in November 2004. Reception In a review of ''Active Liberty'', Pierre Rosanvallon said that Breyer's arguments are convincing but they would be benefit from being "more firmly grounded if he had also touched on the Constitution's textual vagueness". Richard A. Posner of the ...
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Stephen Breyer
Stephen Gerald Breyer ( ; born August 15, 1938) is a retired American lawyer and jurist who served as an associate justice of the U.S. Supreme Court from 1994 until his retirement in 2022. He was nominated by President Bill Clinton, and replaced retiring justice Harry Blackmun. Ketanji Brown Jackson, who was nominated by President Joe Biden, was his designated successor. Breyer was generally associated with the liberal wing of the Court. He is now the Byrne Professor of Administrative Law and Process at Harvard Law School. Born in San Francisco, Breyer attended Stanford University, the University of Oxford as a Marshall Scholar, and graduated from Harvard Law School in 1964. After a clerkship with Associate Justice Arthur Goldberg in 1964–65, Breyer was a law professor and lecturer at Harvard Law School from 1967 until 1980. He specialized in administrative law, writing textbooks that remain in use today. He held other prominent positions before being nominated to the ...
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Hardcover
A hardcover, hard cover, or hardback (also known as hardbound, and sometimes as case-bound) book is one bound with rigid protective covers (typically of binder's board or heavy paperboard covered with buckram or other cloth, heavy paper, or occasionally leather). It has a flexible, sewn spine which allows the book to lie flat on a surface when opened. Modern hardcovers may have the pages glued onto the spine in much the same way as paperbacks. Following the ISBN sequence numbers, books of this type may be identified by the abbreviation Hbk. Hardcover books are often printed on acid-free paper, and they are much more durable than paperbacks, which have flexible, easily damaged paper covers. Hardcover books are marginally more costly to manufacture. Hardcovers are frequently protected by artistic dust jackets, but a "jacketless" alternative has increased in popularity: these "paper-over-board" or "jacketless" hardcover bindings forgo the dust jacket in favor of printing the cove ...
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Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States ...
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United States Constitution
The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the national frame of government. Its first three articles embody the doctrine of the separation of powers, whereby the federal government of the United States, federal government is divided into three branches: the United States Congress, legislative, consisting of the bicameralism, bicameral United States Congress, Congress (Article One of the United States Constitution, Article I); the Federal government of the United States#Executive branch, executive, consisting of the President of the United States, president and subordinate officers (Article Two of the United States Constitution, Article II); and the Federal judiciary of the United States, judicial, consisting of the Supreme Court of the United States, Supreme C ...
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American Liberalism
Liberalism in the United States is a political and moral philosophy based on concepts of unalienable rights of the individual. The fundamental liberal ideals of freedom of speech, freedom of the press, freedom of religion, the separation of church and state, the right to due process and equality under the law are widely accepted as a common foundation of liberalism. It differs from liberalism worldwide because the United States has never had a resident hereditary aristocracy and avoided much of the class warfare that characterized Europe. According to Ian Adams: "Ideologically, all US parties are liberal and always have been. Essentially they espouse classical liberalism, that is a form of democratised Whig constitutionalism plus the free market. The point of difference comes with the influence of ''social liberalism''" and the proper role of government. Since the 1930s, the term ''liberalism'' is usually used without a qualifier in the United States to refer to ''social liber ...
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Originalism
In the context of United States law, originalism is a theory of constitutional interpretation that asserts that all statements in the Constitution must be interpreted based on the original understanding "at the time it was adopted". This concept views the Constitution as stable from the time of enactment and that the meaning of its contents can be changed only by the steps set out in Article Five.B. Boyce"Originalism and the Fourteenth Amendment" 33 ''Wake Forest L. Rev.'' 909. This notion stands in contrast to the concept of the Living Constitution, which asserts that the Constitution should be interpreted based on the context of current times, even if such interpretation is different from the original interpretations of the document. Originalism should not be confused with strict constructionism. The development of originalism was influenced by Herbert Wechsler's influential lecture on ''Neutral Principles''. The idea that judicial review was distinguished from ordinary pol ...
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Antonin Scalia
Antonin Gregory Scalia (; March 11, 1936 – February 13, 2016) was an American jurist who served as an associate justice of the Supreme Court of the United States from 1986 until his death in 2016. He was described as the intellectual anchor for the originalist and textualist position in the U.S. Supreme Court's conservative wing. For catalyzing an originalist and textualist movement in American law, he has been described as one of the most influential jurists of the twentieth century, and one of the most important justices in the history of the Supreme Court. Scalia was posthumously awarded the Presidential Medal of Freedom in 2018 by President Donald Trump, and the Antonin Scalia Law School at George Mason University was named in his honor. Scalia was born in Trenton, New Jersey. A devout Catholic, he attended Xavier High School before receiving his undergraduate degree from Georgetown University. Scalia went on to graduate from Harvard Law School and spent six ...
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Harvard University
Harvard University is a private Ivy League research university in Cambridge, Massachusetts. Founded in 1636 as Harvard College and named for its first benefactor, the Puritan clergyman John Harvard, it is the oldest institution of higher learning in the United States and one of the most prestigious and highly ranked universities in the world. The university is composed of ten academic faculties plus Harvard Radcliffe Institute. The Faculty of Arts and Sciences offers study in a wide range of undergraduate and graduate academic disciplines, and other faculties offer only graduate degrees, including professional degrees. Harvard has three main campuses: the Cambridge campus centered on Harvard Yard; an adjoining campus immediately across Charles River in the Allston neighborhood of Boston; and the medical campus in Boston's Longwood Medical Area. Harvard's endowment is valued at $50.9 billion, making it the wealthiest academic institution in the world. Endowment inco ...
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Richard A
Richard is a male given name. It originates, via Old French, from Old Frankish and is a compound of the words descending from Proto-Germanic ''*rīk-'' 'ruler, leader, king' and ''*hardu-'' 'strong, brave, hardy', and it therefore means 'strong in rule'. Nicknames include "Richie", "Dick", "Dickon", " Dickie", "Rich", "Rick", "Rico", "Ricky", and more. Richard is a common English, German and French male name. It's also used in many more languages, particularly Germanic, such as Norwegian, Danish, Swedish, Icelandic, and Dutch, as well as other languages including Irish, Scottish, Welsh and Finnish. Richard is cognate with variants of the name in other European languages, such as the Swedish "Rickard", the Catalan "Ricard" and the Italian "Riccardo", among others (see comprehensive variant list below). People named Richard Multiple people with the same name * Richard Andersen (other) * Richard Anderson (other) * Richard Cartwright (other) * Ri ...
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University Of Chicago Law School
The University of Chicago Law School is the law school of the University of Chicago, a private research university in Chicago, Illinois. It is consistently ranked among the best and most prestigious law schools in the world, and has many distinguished alumni in the judiciary, academia, government, politics and business. It employs more than 180 full-time and part-time faculty and hosts more than 600 students in its Juris Doctor program, while also offering the Master of Laws, Master of Studies in Law and Doctor of Juridical Science degrees in law. The law school has the highest percentage of recent graduates clerking for federal judges. The law school was conceived in the 1890s by the president of the University of Chicago, William Rainey Harper. Harper and the law school's first Dean, Joseph Henry Beale, designed the school's curriculum with inspiration from Ernst Freund's interdisciplinary approach to legal education. The construction of the school was financed by John D. Ro ...
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2005 Non-fiction Books
5 (five) is a number, numeral and digit. It is the natural number, and cardinal number, following 4 and preceding 6, and is a prime number. It has attained significance throughout history in part because typical humans have five digits on each hand. In mathematics 5 is the third smallest prime number, and the second super-prime. It is the first safe prime, the first good prime, the first balanced prime, and the first of three known Wilson primes. Five is the second Fermat prime and the third Mersenne prime exponent, as well as the third Catalan number, and the third Sophie Germain prime. Notably, 5 is equal to the sum of the ''only'' consecutive primes, 2 + 3, and is the only number that is part of more than one pair of twin primes, ( 3, 5) and (5, 7). It is also a sexy prime with the fifth prime number and first prime repunit, 11. Five is the third factorial prime, an alternating factorial, and an Eisenstein prime with no imaginary part and real part of the form 3 ...
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Works By Stephen Breyer
Works may refer to: People * Caddy Works (1896–1982), American college sports coach * Samuel Works (c. 1781–1868), New York politician Albums * '' ''Works'' (Pink Floyd album)'', a Pink Floyd album from 1983 * ''Works'', a Gary Burton album from 1972 * ''Works'', a Status Quo album from 1983 * ''Works'', a John Abercrombie album from 1991 * ''Works'', a Pat Metheny album from 1994 * ''Works'', an Alan Parson Project album from 2002 * ''Works Volume 1'', a 1977 Emerson, Lake & Palmer album * ''Works Volume 2'', a 1977 Emerson, Lake & Palmer album * '' The Works'', a 1984 Queen album Other uses * Microsoft Works, a collection of office productivity programs created by Microsoft * IBM Works, an office suite for the IBM OS/2 operating system * Mount Works, Victoria Land, Antarctica See also * The Works (other) * Work (other) Work may refer to: * Work (human activity), intentional activity people perform to support themselves, others, or the community ** ...
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