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George W. Bush Supreme Court Candidates
Speculation abounded over potential nominations to the Supreme Court of the United States by President George W. Bush since before his presidency. In the summer of 2005, this speculation became newsworthy due to the announcement of the retirement of Associate Justice Sandra Day O'Connor on July 1. President Bush announced federal appellate judge John Roberts as O'Connor's replacement on July 19. On September 5, two days after the death of Chief Justice William Rehnquist, Bush renominated Roberts as the 17th chief justice of the United States. He was confirmed by the United States Senate on September 29, 2005.U.S. Senate Roll Call Votes – Nomination of John Roberts
''senate.gov''.
On October 3, Bush nominated Wh ...
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Swearing-In Of Supreme Court Chief Justice John Roberts
Traditionally an oath (from Anglo-Saxon ', also called plight) is either a statement of fact or a promise taken by a sacrality as a sign of verity. A common legal substitute for those who conscientiously object to making sacred oaths is to give an affirmation instead. Nowadays, even when there is no notion of sanctity involved, certain promises said out loud in ceremonial or juridical purpose are referred to as oaths. "To swear" is a verb used to describe the taking of an oath, to making a solemn vow. Etymology The word come from Anglo-Saxon ' judicial swearing, solemn appeal to deity in witness of truth or a promise," from Proto-Germanic '' *aiþaz'' (source also of Old Norse eiðr, Swedish ed, Old Saxon, Old Frisian eth, Middle Dutch eet, Dutch eed, German Eid, Gothic aiþs "oath"), from PIE *oi-to- "an oath" (source also of Old Irish oeth "oath"). Common to Celtic and Germanic, possibly a loan-word from one to the other, but the history is obscure and it may ultimately b ...
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Eminent Domain
Eminent domain (United States, Philippines), land acquisition (India, Malaysia, Singapore), compulsory purchase/acquisition (Australia, New Zealand, Ireland, United Kingdom), resumption (Hong Kong, Uganda), resumption/compulsory acquisition (Australia, Barbados, New Zealand, Ireland, United Kingdom), or expropriation (Argentina, Belgium, Brazil, Canada, Chile, Denmark, Finland, France, Germany, Greece, Italy, Mexico, Netherlands, Norway, Panama, Poland, Portugal, Russia, South Africa, Spain, Sweden, Serbia) is the power of a state, provincial, or national government to take private property for public use. It does not include the power to take and transfer ownership of private property from one property owner to another private property owner without a valid public purpose. This power can be legislatively delegated by the state to municipalities, government subdivisions, or even to private persons or corporations, when they are authorized by the legislature to exercise the functi ...
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The American Prospect
''The American Prospect'' is a daily online and bimonthly print American political and public policy magazine dedicated to American modern liberalism and progressivism. Based in Washington, D.C., ''The American Prospect'' says it "is devoted to promoting informed discussion on public policy from a progressive perspective." Its motto is "Ideas, Politics, and Power". History The magazine, initially called ''The Liberal Prospect'', was founded in 1990 by Robert Kuttner, Robert Reich, and Paul Starr as a response to the perceived ascendancy of conservatism in the 1980s. Kuttner and Starr currently serve as co-editors. As of June 2019, David Dayen serves as executive editor and Ellen J. Meany serves as Publisher. Current editors include Managing Editor Ryan Cooper, Co-founder and Co-editor Robert Kuttner, Editor-at-Large Harold Meyerson, Co-founder and Co-editor Paul Starr, and Deputy Editor Gabrielle Gurley. Staff writers and contributors have included Gabriel Arana, Steve Ericks ...
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Bruce Ackerman
Bruce Arnold Ackerman (born August 19, 1943) is an American constitutional law scholar. He is a Sterling Professor at Yale Law School. In 2010, he was named by ''Foreign Policy'' magazine to its list of top global thinkers. Ackerman was also among the unranked bottom 40 in the 2020 ''Prospect'' list of the top 50 thinkers for the COVID-19 era. Biography Ackerman was born on August 19, 1943. He graduated from the Bronx High School of Science and received a Bachelor of Arts degree from Harvard University in 1964 as well as a Bachelor of Laws degree from Yale Law School in 1967. He clerked for U.S. Court of Appeals Judge Henry J. Friendly from 1967 to 1968, and then for U.S. Supreme Court Justice John Marshall Harlan II from 1968 to 1969. Ackerman joined the faculty of University of Pennsylvania Law School in 1969. He was a professor at Yale University from 1974 to 1982 and at Columbia University from 1982 to 1987. Since 1987 Ackerman has been the Sterling Professor of Law and Po ...
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Conservatism
Conservatism is a cultural, social, and political philosophy that seeks to promote and to preserve traditional institutions, practices, and values. The central tenets of conservatism may vary in relation to the culture and civilization in which it appears. In Western culture, conservatives seek to preserve a range of institutions such as organized religion, parliamentary government, and property rights. Conservatives tend to favor institutions and practices that guarantee stability and evolved gradually. Adherents of conservatism often oppose modernism and seek a return to traditional values, though different groups of conservatives may choose different traditional values to preserve. The first established use of the term in a political context originated in 1818 with François-René de Chateaubriand during the period of Bourbon Restoration that sought to roll back the policies of the French Revolution. Historically associated with right-wing politics, the term ha ...
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Liberalism
Liberalism is a political and moral philosophy based on the rights of the individual, liberty, consent of the governed, political equality and equality before the law."political rationalism, hostility to autocracy, cultural distaste for conservatism and for tradition in general, tolerance, and ... individualism". John Dunn. ''Western Political Theory in the Face of the Future'' (1993). Cambridge University Press. . Liberals espouse various views depending on their understanding of these principles. However, they generally support private property, market economies, individual rights (including civil rights and human rights), liberal democracy, secularism, rule of law, economic and political freedom, freedom of speech, freedom of the press, freedom of assembly, and freedom of religion. Liberalism is frequently cited as the dominant ideology of modern times.Wolfe, p. 23.Adams, p. 11. Liberalism became a distinct movement in the Age of Enlightenment, gaining popularity ...
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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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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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The Weekly Standard
''The Weekly Standard'' was an American neoconservative political magazine of news, analysis and commentary, published 48 times per year. Originally edited by founders Bill Kristol and Fred Barnes, the ''Standard'' had been described as a "redoubt of neoconservatism" and as "the neocon bible." Its founding publisher, News Corporation, debuted the title on September 18, 1995. In 2009, News Corporation sold the magazine to a subsidiary of the Anschutz Corporation. On December 14, 2018, its owners announced that the magazine was ceasing publication, with the last issue published on December 17. Sources attribute its demise to an increasing divergence between Kristol and other editors' shift towards anti-Trump positions, and the magazine's audience's shift towards Trumpism. Many of the magazine's articles were written by members of conservative think tanks located in Washington, including the American Enterprise Institute, the Ethics and Public Policy Center, the Foundation for Def ...
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Fred Barnes (journalist)
Frederic Wood Barnes Jr. (born February 1, 1943) is an American political commentator. He was the executive editor of the defunct news publication ''The Weekly Standard'' and regularly appears on the Fox News Channel program ''Special Report with Bret Baier''. He was previously co-host of '' The Beltway Boys'' with Mort Kondracke, which previously aired on the Fox News Channel. Barnes remains a prolific writer on presidential and many other political topics as well. Early life and education Barnes was born in West Point, New York. He earned a B.A. degree from the University of Virginia in 1965. Career After spending several years as a journalist with ''The Charleston News and Courier'' in Charleston, South Carolina, he became a reporter for the ''Washington Star''. He covered the Supreme Court and the White House for the ''Star'' before moving to the ''Baltimore Sun'', where he was the national political correspondent. From 1985 to 1995, he was senior editor and White House cor ...
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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 ...
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States' Rights
In American political discourse, states' rights are political powers held for the state governments rather than the federal government according to the United States Constitution, reflecting especially the enumerated powers of Congress and the Tenth Amendment. The enumerated powers that are listed in the Constitution include exclusive federal powers, as well as concurrent powers that are shared with the states, and all of those powers are contrasted with the reserved powers—also called states' rights—that only the states possess. Background The balance of federal powers and those powers held by the states as defined in the Supremacy Clause of the U.S. Constitution was first addressed in the case of '' McCulloch v. Maryland'' (1819). The Court's decision by Chief Justice John Marshall asserted that the laws adopted by the federal government, when exercising its constitutional powers, are generally paramount over any conflicting laws adopted by state governments. After ''Mc ...
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