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Government By Judiciary
''Government by Judiciary'' is a 1977 book by constitutional scholar and law professor Raoul Berger which argues that the U.S. Supreme Court (especially, but not only, the Warren Court) has interpreted the Fourteenth Amendment of the U.S. Constitution contrary to the original intent of the framers of this Amendment and that the U.S. Supreme Court has thus usurped the authority of the American people to govern themselves and decide their own destiny. Berger argues that the U.S. Supreme Court is not actually empowered to rewrite the U.S. Constitution – including under the guise of interpretation – and that thus the U.S. Supreme Court has consistently overstepped its designated authority when it used its powers of interpretation to ''de facto'' rewrite the U.S. Constitution in order to reshape it more to its own liking. (By ''de facto'' rewriting the U.S. Constitution, Berger means that the U.S. Supreme Court didn't actually alter the text of the US Constitution but neverthel ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Government By Judiciary
''Government by Judiciary'' is a 1977 book by constitutional scholar and law professor Raoul Berger which argues that the U.S. Supreme Court (especially, but not only, the Warren Court) has interpreted the Fourteenth Amendment of the U.S. Constitution contrary to the original intent of the framers of this Amendment and that the U.S. Supreme Court has thus usurped the authority of the American people to govern themselves and decide their own destiny. Berger argues that the U.S. Supreme Court is not actually empowered to rewrite the U.S. Constitution – including under the guise of interpretation – and that thus the U.S. Supreme Court has consistently overstepped its designated authority when it used its powers of interpretation to ''de facto'' rewrite the U.S. Constitution in order to reshape it more to its own liking. (By ''de facto'' rewriting the U.S. Constitution, Berger means that the U.S. Supreme Court didn't actually alter the text of the US Constitution but neverthel ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jury
A jury is a sworn body of people (jurors) convened to hear evidence and render an impartiality, impartial verdict (a Question of fact, finding of fact on a question) officially submitted to them by a court, or to set a sentence (law), penalty or Judgment (law), judgment. Juries developed in England during the Middle Ages and are a hallmark of the English common law system. As such, they are used by the United Kingdom, the United States, Canada, Ireland, Australia, and other countries whose legal systems were derived from the British Empire. But most other countries use variations of the European Civil law (legal system), civil law or Islamic sharia, sharia law systems, in which juries are not generally used. Most trial juries are "petit juries", and usually consist of twelve people. Historically, a larger jury known as a grand jury was used to investigate potential crimes and render indictments against suspects. All common law countries except the United States and Liberia hav ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
US States
In the United States, a state is a constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its sovereignty with the federal government. Due to this shared sovereignty, Americans are citizens both of the federal republic and of the state in which they reside. State citizenship and residency are flexible, and no government approval is required to move between states, except for persons restricted by certain types of court orders (such as paroled convicts and children of divorced spouses who share child custody). State governments in the U.S. are allocated power by the people (of each respective state) through their individual state constitutions. All are grounded in republican principles (this being required by the federal constitution), and each provides for a government, consisting of three branches, each with separate and indepen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Incorporation Of The Bill Of Rights
In United States constitutional law, incorporation is the doctrine by which portions of the Bill of Rights have been made applicable to the states. When the Bill of Rights was ratified, the courts held that its protections extended only to the actions of the federal government and that the Bill of Rights did not place limitations on the authority of the state and local governments. However, the post–Civil War era, beginning in 1865 with the Thirteenth Amendment, which declared the abolition of slavery, gave rise to the incorporation of other amendments, applying more rights to the states and people over time. Gradually, various portions of the Bill of Rights have been held to be applicable to the state and local governments by incorporation through the Fourteenth Amendment in 1868 and the Fifteenth Amendment in 1870. Prior to the ratification of the Fourteenth Amendment and the development of the incorporation doctrine, the Supreme Court in 1833 held in ''Barron v. Baltimor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Substantive Due Process
Substantive due process is a principle in United States constitutional law that allows courts to establish and protect certain fundamental rights from government interference, even if only procedural protections are present or the rights are unenumerated elsewhere in the U.S. Constitution. Courts have asserted that such protections come from the due process clauses of the Fifth and Fourteenth amendments to the U.S. Constitution, which prohibit the federal and state governments, respectively, from depriving any person of "life, liberty, or property, without due process of law". Substantive due process demarks the line between those acts that courts hold to be subject to government regulation or legislation and those that courts place beyond the reach of governmental interference. Whether the Fifth or Fourteenth Amendments were intended to serve that function continues to be a matter of scholarly as well as judicial discussion and dissent. Justice Clarence Thomas has called on th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
William Van Alstyne
William Warner Van Alstyne (February 8, 1934 – January 29, 2019) was an Law of the United States, American attorney, law professor, and United States constitutional law, constitutional law scholar. Prior to retiring in 2012, he held the Professor, named position of Lee Professor of Law at William and Mary Law School. He was the Perkins Professor of Law at Duke Law School for more than 30 years. Among many others, he taught at Chicago Law School, Stanford Law School, University of California, Berkeley Law School, University of California, Los Angeles Law School, and Michigan Law School. Early life and education Van Alstyne was born in Chico, California to Richard and Margaret (Ware) Van Alstyne. His father was a college professor and historian and his mother was a writer of children's literature. Van Alstyne received his Bachelor of Arts in philosophy ''Latin honors, magna cum laude'' from the University of Southern California. He received his Juris Doctor from Stanford Law Scho ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Alexander Bickel
Alexander Mordecai Bickel (1924–1974) was an American legal scholar and expert on the United States Constitution. One of the most influential constitutional commentators of the twentieth century, his writings emphasize judicial restraint. Life and career Bickel was born on December 17, 1924, in Bucharest, Romania, to Jewish parents, Solomo and Yetta Bickel. The family immigrated to New York City in 1939. He graduated ''Phi Beta Kappa'' from City College of New York in 1947 and ''summa cum laude'' from Harvard Law School in 1949. Following law school, Bickel was a law clerk for federal judge Calvert Magruder of the United States Court of Appeals for the First Circuit. In 1950, he went to Europe as a law officer of the US State Department, serving in Frankfurt, Germany, and with the European Defense Community Observer Delegation in Paris. In 1952, he returned to the U.S., and clerked for Justice Felix Frankfurter of the Supreme Court in 1952 and 1953. He prepared a historic memo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Interracial Marriage
Interracial marriage is a marriage involving spouses who belong to different races or racialized ethnicities. In the past, such marriages were outlawed in the United States, Nazi Germany and apartheid-era South Africa as miscegenation. In 1960 interracial marriage was forbidden by law in 31 U.S. states. It became legal throughout the United States in 1967, following the decision of the Supreme Court of the United States under Chief Justice Earl Warren in the case '' Loving v. Virginia'', which ruled that race-based restrictions on marriages, such as the anti-miscegenation law in the state of Virginia, violated the Equal Protection Clause (adopted in 1868) of the United States Constitution. Legality Many jurisdictions have had regulations banning or restricting not just interracial marriage but also interracial sexual relations, including Germany during the Nazi period, South Africa under apartheid, and many states in the United States prior to a 1967 Supreme Court ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Loving V
Loving may refer to: * Love, a range of human emotions * Loving (surname) * '' Loving v. Virginia'', a 1967 landmark United States Supreme Court civil rights case Film and television * ''Loving'' (1970 film), an American film * ''Loving'' (1996 film), a British television film based on the novel by Henry Green * ''Loving'' (2016 film), a film about the Supreme Court decision ''Loving v. Virginia'' * ''Carry On Loving'', a 1970 film in the ''Carry On'' series * ''Loving'' (TV series), an American daytime soap opera Music * '' Lovin''', 2021 extended play by Ailee Other media * ''Loving'' (novel), a 1945 novel by Henry Green * ''Loving'', a 1981 novel by Danielle Steel * ''Loving'', a 2010 album by Johannes Heil Places in the United States * Loving, New Mexico, a village * Loving, Oklahoma, an unincorporated community * Loving, Texas, an unincorporated community * Loving County, Texas, the second-least populous county in the U.S. See also * Lovin Lovin is a su ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reynolds V
Reynolds may refer to: Places Australia *Hundred of Reynolds, a cadastral unit in South Australia *Hundred of Reynolds (Northern Territory), a cadastral unit in the Northern Territory of Australia United States * Reynolds, Mendocino County, California, a former settlement * Reynolds, Georgia, a town in Taylor County * Reynolds, Illinois, a village in Mercer and Rock Island counties * Reynolds, Indiana, a town in White County * Reynolds, Dallas County, Missouri, an unincorporated community * Reynolds, Reynolds County, Missouri, an unincorporated community * Reynolds, Nebraska, a village in Jefferson County * Reynolds, North Dakota, a city * Reynolds Township, Lee County, Illinois, a town * Reynolds Township, Michigan, a civil township of Montcalm County * Reynolds Township, Minnesota, a town in Todd County * Reynolds County, Missouri, a county in southeast Missouri Outer space * Reynolds (crater), impact crater on Mars Business * Reynolds Brothers, a New Jersey clothing stor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
One Person, One Vote
"One man, one vote", or "one person, one vote", expresses the principle that individuals should have equal representation in voting. This slogan is used by advocates of political equality to refer to such electoral reforms as universal suffrage, proportional representation, and the elimination of plural voting, malapportionment, or gerrymandering. Indices The violation of equal representation in the various systems of proportional representation can be measured with the Loosemore–Hanby index, the Gallagher index or the amount of unrepresented vote. A Gallagher index above 5 (%) is seen by many experts as violating the ''One man, one vote'' principle. In case of plurality voting, the wasted vote can be measured. Additionally, the percentage of spoilt vote and percentage of disfranchisement can be measured to detect violations of the equal representation principle. History The phrase surged in english-language usage around 1880, thanks in part to British trade unionist Geo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Brown V
Brown is a color. It can be considered a composite color, but it is mainly a darker shade of orange. In the CMYK color model used in printing or painting, brown is usually made by combining the colors Orange (colour), orange and black. In the RGB color model used to project colors onto television screens and computer monitors, brown combines red and green. The color brown is seen widely in nature, wood, soil, human brown hair, hair color, eye color and Human skin color, skin pigmentation. Brown is the color of dark wood or rich soil. According to public opinion surveys in Europe and the United States, brown is the least favorite color of the public; it is often associated with plainness, the rustic, feces, and poverty. More positive associations include baking, warmth, wildlife, and the autumn. Etymology The term is from Old English , in origin for any dusky or dark shade of color. The first recorded use of ''brown'' as a color name in English was in 1000. The Common Germanic a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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