|
Constitution In Exile
:''This article does not refer to'' The Constitution in Exile'', a book by Judge Andrew Napolitano.'' Constitution in Exile is a controversial term that refers to the situation resulting from provisions of the United States Constitution allegedly not having been enforced according to their "original intent" or "original meaning". Some originalists might argue, for example, that the Commerce Clause and Necessary and Proper Clause do not authorize economic legislation dating all the way back to the New Deal. Origins and meaning According to an article by Legal Affairs Editor Jeffrey Rosen in ''The New Republic,'' "The phrase comes from a 1995 article by Douglas Ginsburg, a federal appeals court judge in Washington, D.C., whom Ronald Reagan unsuccessfully nominated to the Supreme Court after the Senate rejected Bork." According to the same article, reinstating provisions "exiled" from the Constitution would mean "reimposing meaningful limits on federal power that could strike ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Andrew Napolitano
Andrew Peter Napolitano (born June 6, 1950) is an American syndicated columnist whose work appears in numerous publications, including ''The Washington Times'' and ''Reason''. He was an analyst for Fox News, commenting on legal news and trials. Napolitano served as a New Jersey Superior Court judge from 1987 to 1995. He was a visiting professor at Brooklyn Law School. He has written nine books on legal and political subjects. During his twenty-four-year tenure as Fox News' Senior Judicial Analyst, Napolitano appeared more than 14,500 times on air, a record for any on-air personality at the network. Early life and judicial and academic career Napolitano was born in Newark, New Jersey. He graduated with an A.B. in history from Princeton University in 1972 after completing a senior thesis titled "An Essay on the Origin and Evolution of Representative Government in the Colony of the Massachusetts Bay, 1630-1644." He received his J.D. degree from Notre Dame Law School. He was admitt ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Discrimination
Discrimination is the act of making unjustified distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong. People may be discriminated on the basis of race, gender, age, religion, disability, or sexual orientation, as well as other categories. Discrimination especially occurs when individuals or groups are unfairly treated in a way which is worse than other people are treated, on the basis of their actual or perceived membership in certain groups or social categories. It involves restricting members of one group from opportunities or privileges that are available to members of another group. Discriminatory traditions, policies, ideas, practices and laws exist in many countries and institutions in all parts of the world, including territories where discrimination is generally looked down upon. In some places, attempts such as quotas have been used to benefit those who are believed to be current or past victims ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cass Sunstein
Cass Robert Sunstein (born September 21, 1954) is an American legal scholar known for his studies of constitutional law, administrative law, environmental law, law and behavioral economics. He is also ''The New York Times'' best-selling author of ''The World According to Star Wars'' (2016) and ''Nudge '' (2008). He was the Administrator of the White House Office of Information and Regulatory Affairs in the Obama administration from 2009 to 2012. As a professor at the University of Chicago Law School for 27 years, he wrote influential works on regulatory and constitutional law, among other topics. Since leaving the White House, Sunstein has been the Robert Walmsley University Professor at Harvard Law School. In 2014, studies of legal publications found Sunstein to be the most frequently cited American legal scholar by a wide margin. Early life and education Sunstein was born on September 21, 1954, in Waban, Massachusetts, to Marian (née Goodrich), a teacher, and Cass Richard Su ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Volokh Conspiracy
The Volokh Conspiracy ( ) is a blog co-founded in 2002 by law professor Eugene Volokh, covering legal and political issues from an ideological orientation it describes as "generally Libertarianism in the United States, libertarian, Conservatism in the United States, conservative, centrist, or some mixture of these." It is one of the most widely read and cited legal blogs in the United States. The blog is written by legal scholars and provides discussion on complex Judgment (law), court decisions. Its name is a joking reference to Hillary Clinton's claim in 1998 of a "vast right-wing conspiracy" she believed was persecuting her and husband President Bill Clinton. In January 2014, ''The Volokh Conspiracy'' migrated to ''The Washington Post'', with Volokh retaining full editorial control over its content. After June 2014, the blog was behind a paywall. In 2017, the blog moved to ''Reason (magazine), Reason.'' Volokh cited his principal reason for the move was to “be freely availab ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Orin Kerr
Orin Samuel Kerr (born June 2, 1971) is an American legal scholar and professor of law at the UC Berkeley School of Law."Faculty , UC Berkeley School of Law"Orin Kerr faculty profile/ref> He is known as a scholar in the subjects of computer crime law and internet surveillance. Kerr is one of the contributors to the law-oriented blog titled ''The Volokh Conspiracy''. Early life Kerr was born in 1971 in New York. His father is a survivor of the Holocaust. After graduating from Tower Hill School in Wilmington, Delaware, in 1989,Atkins, Hugh. "Orin Kerr '89: Author, Blogger, Musician and Teacher".''Tower Hill Bulletin'', vol. 48, no. 1 (Spring/Summer 2011) Retrieved 2013-10-24. Kerr studied mechanical engineering and aerospace engineering at Princeton University, graduating in 1993 with a Bachelor of Science in Engineering ''magna cum laude''. He then did graduate study in mechanical engineering at Stanford University, where he received a Master of Science degree in 1994. Kerr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
David Bernstein (law Professor)
David E. Bernstein (born 1967) is a law professor at the George Mason University School of Law in Arlington, Virginia, where he has taught since 1995. His primary areas of scholarly research are constitutional history and the admissibility of expert testimony. Bernstein is a contributor to the legal blog The Volokh Conspiracy. Bernstein is a graduate of the Yale Law School, where he was a John M. Olin Fellow in Law, Economics and Public Policy, a Claude Lambe Fellow of the Institute for Humane Studies, and a senior editor of the'' Yale Law Journal''. He received his B.A. degree summa cum laude with honors in History from Brandeis University. Publications ;Books * ''Classified: The Untold Story of Racial Classification in America'', Bombardier Press, 2022, * ''Lawless: The Obama Administrations Unprecedented Assault on the Constitution and the Rule of Law'', Encounter, 2015, * ''A Conspiracy Against Obamacare: The Volokh Conspiracy and the Health Care Case'' (co-author with seve ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Strict Constructionism
In the United States, strict constructionism is a particular legal philosophy of judicial interpretation that limits or restricts such interpretation only to the exact wording of the law (namely the Constitution). Strict sense of the term Strict construction requires a judge to apply the text only as it is written. Once the court has a clear meaning of the text, no further investigation is required. Judges—in this view—should avoid drawing inferences from a statute or constitution and focus only on the text itself. Jurist Hugo Black (1886–1971) argued that the First Amendment's injunction, that ''Congress shall make no law'' (against certain civil liberties), should be construed strictly: ''no law'', thought Black, admits ''no exceptions''. However, "strict construction" is not a synonym for textualism or originalism. Supreme Court Justice Antonin Scalia, a major proponent of textualism, said that "no one ought to be" a strict constructionist, although to be a strict ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Anthony Kennedy
Anthony McLeod Kennedy (born July 23, 1936) is an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1988 until his retirement in 2018. He was nominated to the court in 1987 by President Ronald Reagan, and sworn in on February 18, 1988. After the retirement of Sandra Day O'Connor in 2006, he was the swing vote on many of the Roberts Court's 5–4 decisions. Born in Sacramento, California, Kennedy took over his father's legal practice in Sacramento after graduating from Harvard Law School. In 1975, President Gerald Ford appointed Kennedy to the United States Court of Appeals for the Ninth Circuit. In November 1987, after two failed attempts at nominating a successor to Associate Justice Lewis F. Powell Jr., President Reagan nominated Kennedy to the Supreme Court. Kennedy won unanimous confirmation from the United States Senate in February 1988. Following the death of Antonin Scalia in February 2016, Kennedy becam ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gonzales V
{{disambiguation, geo ...
Gonzales may refer to: Places * Gonzales, California, U.S. * Gonzales, Louisiana, U.S. * Gonzales, Texas, U.S. * Gonzales County, Texas Other uses * Battle of Gonzales, 1835 * Gonzales (horse) (1977 – after 1996), an American-bred Thoroughbred racehorse * Gonzales (surname) * Gonzales v. Raich * Speedy Gonzales, animated cartoon character in the Warner Brothers ''Looney Tunes'' See also * * * Spanish surname González (surname), also known as Gonzales * Gonçalves, Portuguese equivalent of Gonzalez (Spanish surname) * Gonsales, Portuguese variation of Gonzalez (Spanish surname) * Gonsalves, English language variation of Gonçalves * Gonzalez (other) Gonzalez or González may refer to: People * González (surname) Places * González, Cesar, Colombia * González Municipality, Tamaulipas, Mexico * Gonzalez, Florida, United States * González Island, Antarctica * González Anchorage, Antarct ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States V
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
.jpg "Click for more on -> Andrew Napolitano")
