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Unconstitutional Constitutional Amendment
An unconstitutional constitutional amendment is a concept in judicial review based on the idea that even a properly passed and properly ratified constitutional amendment, specifically one that is not explicitly prohibited by a constitution's text, can nevertheless be unconstitutional on substantive (as opposed to procedural) grounds—such as due to this amendment conflicting with some constitutional or even extra-constitutional norm, value, and/or principle. As Israeli legal academic 2017 book ''Unconstitutional Constitutional Amendments: The Limits of Amendment Powers'' demonstrates, the unconstitutional constitutional amendment doctrine has been adopted by various courts and legal scholars in various countries throughout history. While this doctrine has generally applied specifically to constitutional amendments, there have been moves and proposals to also apply this doctrine to original parts of a constitution. Concept The idea of an ''unconstitutional constitutional ame ...
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Judicial Review
Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompatible with a higher authority: an executive decision may be invalidated for being unlawful or a statute may be invalidated for violating the terms of a constitution. Judicial review is one of the checks and balances in the separation of powers: the power of the judiciary to supervise the legislative and executive branches when the latter exceed their authority. The doctrine varies between jurisdictions, so the procedure and scope of judicial review may differ between and within countries. General principles Judicial review can be understood in the context of two distinct—but parallel—legal systems, civil law and common law, and also by two distinct theories of democracy regarding the manner in which government should be organized w ...
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Revolution
In political science, a revolution (Latin: ''revolutio'', "a turn around") is a fundamental and relatively sudden change in political power and political organization which occurs when the population revolts against the government, typically due to perceived oppression (political, social, economic) or political incompetence. Revolutions have occurred throughout human history and vary widely in terms of methods, duration, and motivating ideology. Their results include major changes in culture, economy, and social institution, socio-political institutions, usually in response to perceived overwhelming autocracy or plutocracy. Scholarly debates about what does and does not constitute a revolution center on several issues. Early studies of revolutions primarily analyzed events in European history from a psychological perspective, but more modern examinations include global events and incorporate perspectives from several social sciences, including sociology and political science. S ...
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White Supremacy
White supremacy or white supremacism is the belief that white people are superior to those of other races and thus should dominate them. The belief favors the maintenance and defense of any power and privilege held by white people. White supremacy has roots in the now-discredited doctrine of scientific racism and was a key justification for European colonialism. As a political ideology, it imposes and maintains cultural, social, political, historical, and/or institutional domination by white people and non-white supporters. In the past, this ideology had been put into effect through socioeconomic and legal structures such as the Atlantic slave trade, Jim Crow laws in the United States, the White Australia policies from the 1890s to the mid-1970s, and apartheid in South Africa. This ideology is also today present among neo-Confederates. White supremacy underlies a spectrum of contemporary movements including white nationalism, white separatism, neo-Nazism, and the Christ ...
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Walter F
Walter may refer to: People * Walter (name), both a surname and a given name * Little Walter, American blues harmonica player Marion Walter Jacobs (1930–1968) * Gunther (wrestler), Austrian professional wrestler and trainer Walter Hahn (born 1987), who previously wrestled as "Walter" * Walter, standard author abbreviation for Thomas Walter (botanist) ( – 1789) Companies * American Chocolate, later called Walter, an American automobile manufactured from 1902 to 1906 * Walter Energy, a metallurgical coal producer for the global steel industry * Walter Aircraft Engines, Czech manufacturer of aero-engines Films and television * ''Walter'' (1982 film), a British television drama film * Walter Vetrivel, a 1993 Tamil crime drama film * ''Walter'' (2014 film), a British television crime drama * ''Walter'' (2015 film), an American comedy-drama film * ''Walter'' (2020 film), an Indian crime drama film * ''W*A*L*T*E*R'', a 1984 pilot for a spin-off of the TV series ''M*A*S*H'' * ''W ...
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Twenty-first Amendment To The United States Constitution
The Twenty-first Amendment (Amendment XXI) to the United States Constitution repealed the Eighteenth Amendment to the United States Constitution, which had mandated nationwide prohibition on alcohol. The Twenty-first Amendment was proposed by the 72nd Congress on February 20, 1933, and was ratified by the requisite number of states on December 5, 1933. It is unique among the 27 amendments of the U.S. Constitution for being the only one to repeal a prior amendment, as well as being the only amendment to have been ratified by state ratifying conventions. The Eighteenth Amendment was ratified on January 16, 1919, the result of years of advocacy by the temperance movement. The subsequent enactment of the Volstead Act established federal enforcement of the nationwide prohibition on alcohol. As many Americans continued to drink despite the amendment, Prohibition gave rise to a profitable black market for alcohol, fueling the rise of organized crime. Throughout the 1920s, Americans ...
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First Amendment To The United States Constitution
The First Amendment (Amendment I) to the United States Constitution prevents the government from making laws that regulate an establishment of religion, or that prohibit the free exercise of religion, or abridge the freedom of speech, the freedom of the press, the freedom of assembly, or the right to petition the government for redress of grievances. It was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights. The Bill of Rights was proposed to assuage Anti-Federalist opposition to Constitutional ratification. Initially, the First Amendment applied only to laws enacted by the Congress, and many of its provisions were interpreted more narrowly than they are today. Beginning with ''Gitlow v. New York'' (1925), the Supreme Court applied the First Amendment to states—a process known as incorporation—through the Due Process Clause of the Fourteenth Amendment. In '' Everson v. Board of Education'' (1947), the Court drew on Thomas ...
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Freedom Of Speech
Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recognised as a human right in the Universal Declaration of Human Rights and international human rights law by the United Nations. Many countries have constitutional law that protects free speech. Terms like ''free speech'', ''freedom of speech,'' and ''freedom of expression'' are used interchangeably in political discourse. However, in a legal sense, the freedom of expression includes any activity of seeking, receiving, and imparting information or ideas, regardless of the medium used. Article 19 of the UDHR states that "everyone shall have the right to hold opinions without interference" and "everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive, and impart information and ideas of all kinds, ...
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Akhil Amar
Akhil Reed Amar (born September 6, 1958) is an American legal scholar known for his expertise in constitutional law and criminal procedure. He holds the position of Sterling Professor of Law and Political Science at Yale University, and is an adjunct professor of law at Columbia University. A ''Legal Affairs'' poll placed Amar among the top 20 contemporary American legal thinkers. Early life and education Amar was born in Ann Arbor, Michigan, where his parents were medical students from India studying at the University of Michigan. His parents later became U.S. citizens. He has two brothers, one of whom, Vikram Amar, also became a law professor and serves as dean of the University of Illinois College of Law. Amar graduated from Las Lomas High School in Walnut Creek, California, in 1976. Amar attended Yale University, where he double majored in history and economics. He was a member of the Yale Debate Association and won its Thacher Memorial Prize, and won the Louis Laun Award fo ...
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Yale
Yale University is a private research university in New Haven, Connecticut. Established in 1701 as the Collegiate School, it is the third-oldest institution of higher education in the United States and among the most prestigious in the world. It is a member of the Ivy League. Chartered by the Connecticut Colony, the Collegiate School was established in 1701 by clergy to educate Congregational ministers before moving to New Haven in 1716. Originally restricted to theology and sacred languages, the curriculum began to incorporate humanities and sciences by the time of the American Revolution. In the 19th century, the college expanded into graduate and professional instruction, awarding the first PhD in the United States in 1861 and organizing as a university in 1887. Yale's faculty and student populations grew after 1890 with rapid expansion of the physical campus and scientific research. Yale is organized into fourteen constituent schools: the original undergraduate coll ...
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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 ...
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Immune Response
An immune response is a reaction which occurs within an organism for the purpose of defending against foreign invaders. These invaders include a wide variety of different microorganisms including viruses, bacteria, parasites, and fungi which could cause serious problems to the health of the host organism if not cleared from the body. There are two distinct aspects of the immune response, the innate and the adaptive, which work together to protect against pathogens. The innate branch—the body's first reaction to an invader—is known to be a non-specific and quick response to any sort of pathogen. Components of the innate immune response include physical barriers like the skin and mucous membranes, immune cells such as neutrophils, macrophages, and monocytes, and soluble factors including cytokines and complement. On the other hand, the adaptive branch is the body's immune response which is catered against specific antigens and thus, it takes longer to activate the components involv ...
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Law Professor
A jurist is a person with expert knowledge of law; someone who analyses and comments on law. This person is usually a specialist legal scholar, mostly (but not always) with a formal qualification in law and often a legal practitioner. In the United Kingdom the term "jurist" is mostly used for legal academics, while in the United States the term may also be applied to a judge. With reference to Roman law, a "jurist" (in English) is a jurisconsult (''iurisconsultus''). The English term ''jurist'' is to be distinguished from similar terms in other European languages, where it may be synonymous with legal professional, meaning anyone with a professional law degree that qualifies for admission to the legal profession, including such positions as judge or attorney. In Germany, Scandinavia and a number of other countries ''jurist'' denotes someone with a professional law degree, and it may be a protected title, for example in Norway. Thus the term can be applied to attorneys, judges an ...
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