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Intentionalist
Original intent is a theory in law concerning constitutional and statutory interpretation. It is frequently used as a synonym for originalism; while original intent is indeed one theory in the originalist family, it has some salient differences which has led originalists from more predominant schools of thought such as original meaning to distinguish original intent as much as legal realists do. Approach Original intent maintains that in interpreting a text, a court should determine what the authors of the text were trying to achieve, and to give effect to what they ''intended'' the statute to accomplish, the actual ''text'' of the legislation notwithstanding. As in purposivism, tools such as legislative history are often used. One example of original intent is in Freeman v. Quicken Loans Inc., 012 The plaintiffs took out mortgage loans from Quicken Loans. In 2008 they sued Quicken Loans arguing that that respondent had violated Real Estate Settlement Procedures Act (RES ... [...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] |
Legislative History
Legislative history includes any of various materials generated in the course of creating legislation, such as committee reports, analysis by legislative counsel, committee hearings, floor debates, and histories of actions taken. Legislative history is used for discovering sources of information about a legislature's intent in enacting a law, although jurists disagree widely about the extent (if any) to which a statute's legislative history has bearing on the meaning of its text. Sweden Swedish courts frequently avail themselves of the legislative history ( sv, förarbeten, literally "travaux préparatoires") in interpreting the law. Valid documents of legislative history are often taken to be official government reports, the bills (''proposition'') presented by the Swedish government before the Riksdag, statements made by the responsible minister at the government session at which the bill was adopted (''regeringssammanträde''), the report on the bill by the relevant Riksdag ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed. When these principles are written down into a single document or set of legal documents, those documents may be said to embody a ''written constitution''; if they are encompassed in a single comprehensive document, it is said to embody a ''codified constitution''. The Constitution of the United Kingdom is a notable example of an ''uncodified constitution''; it is instead written in numerous fundamental Acts of a legislature, court cases or treaties. Constitutions concern different levels of organizations, from Sovereign state, sovereign countries to Company, companies and unincorporated Club (organization), associations. A treaty which establishes an international organization is also its constitution, in that it would define how that organiza ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Living Tree Doctrine
In Canadian law, the living tree doctrine () is a doctrine of constitutional interpretation that says that a constitution is organic and must be read in a broad and progressive manner so as to adapt it to the changing times. Concept The living tree doctrine has been deeply entrenched into Canadian constitutional law since the seminal constitutional case of '' Edwards v Canada (Attorney General)'', also widely known as the ''Persons Case'', wherein Viscount Sankey stated in the 1929 decision: "The British North America Act planted in Canada a living tree capable of growth and expansion within its natural limits." This is known as the doctrine of progressive interpretation. This means that the Constitution cannot be interpreted in the same way as an ordinary statute. Rather, it must be read within the context of society to ensure that it adapts and reflects changes. If constitutional interpretation adheres only to the framers' intent and remains rooted in the past, the Constitu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patriot Act
The USA PATRIOT Act (commonly known as the Patriot Act) was a landmark Act of the United States Congress, signed into law by President George W. Bush. The formal name of the statute is the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001, and the commonly used short name is a contrived acronym that is embedded in the name set forth in the statute. The Patriot Act was enacted following the September 11 attacks and the 2001 anthrax attacks with the stated goal of tightening U.S. national security, particularly as it related to foreign terrorism. In general, the act included three main provisions: * expanded surveillance abilities of law enforcement, including by tapping domestic and international phones; * easier interagency communication to allow federal agencies to more effectively use all available resources in counterterrorism efforts; and * increased penalties for terrorism crimes and a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States House Of Representatives
The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the Lower house, lower chamber of the United States Congress, with the United States Senate, Senate being the Upper house, upper chamber. Together they comprise the national Bicameralism, bicameral legislature of the United States. The House's composition was established by Article One of the United States Constitution. The House is composed of representatives who, pursuant to the Uniform Congressional District Act, sit in single member List of United States congressional districts, congressional districts allocated to each U.S. state, state on a basis of population as measured by the United States Census, with each district having one representative, provided that each state is entitled to at least one. Since its inception in 1789, all representatives have been directly elected, although universal suffrage did not come to effect until after ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Democratic Party
The Democratic Party is one of the Two-party system, two Major party, major contemporary political parties in the United States. Founded in 1828, it was predominantly built by Martin Van Buren, who assembled a wide cadre of politicians in every state behind war hero Andrew Jackson, making it the world's oldest active political party.M. Philip Lucas, "Martin Van Buren as Party Leader and at Andrew Jackson's Right Hand." in ''A Companion to the Antebellum Presidents 1837–1861'' (2014): 107–129."The Democratic Party, founded in 1828, is the world's oldest political party" states Its main political rival has been the Republican Party (United States), Republican Party since the 1850s. The party is a big tent, and though it is often described as Modern liberalism in the United States, liberal, it is less ideologically uniform than the Republican Party (with major individuals within it frequently holding widely different Politics of the United States, political views) due to the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Conyers
John James Conyers Jr. (May 16, 1929October 27, 2019) was an American politician of the Democratic Party who served as a U.S. representative from Michigan from 1965 to 2017. The districts he represented always included part of western Detroit. During his final three terms, his district included many of Detroit's western suburbs, as well as a large portion of the Downriver area. Conyers served more than fifty years in Congress, becoming the sixth-longest serving member of Congress in U.S. history; he was the longest-serving African American member of Congress. Conyers was the Dean of the House of Representatives from 2015 to 2017, by virtue of him being the longest-serving member of Congress at the time. By the end of his last term, he was the last remaining member of Congress who had served since the presidency of Lyndon B. Johnson. After serving in the Korean War, Conyers became active in the civil rights movement. He also served as an aide to Congressman John Dingell befor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fahrenheit 9/11
''Fahrenheit 9/11'' is a 2004 American documentary film directed, written by, and starring filmmaker, director, political commentator and activist Michael Moore. The film takes a liberal, critical look at the presidency of George W. Bush, the war in Iraq, and its coverage in the media. In the film, Moore contends that American corporate media were "cheerleaders" for the 2003 invasion of Iraq, and did not provide an accurate or objective analysis of the rationale for the war and the resulting casualties there. The title of the film alludes to Ray Bradbury's 1953 novel ''Fahrenheit 451'', a dystopian view of the future United States, drawing an analogy between the autoignition temperature of paper and the date of the September 11 attacks; one of the film's taglines was "The Temperature at Which Freedom Burns". The film debuted at the 2004 Cannes Film Festival, where it was awarded the Palme d'Or, the festival's highest award. It received generally positive reviews from critics, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Complete Anti-Federalist
''The Complete Anti-Federalist'' is a 1981 seven-volume collection of the scattered Anti-Federalist Papers compiled by Herbert Storing and his former student Murray Dry of the University of Chicago, who oversaw the completion of the project after Storing's death. Michael Lienesch treats Storing's compilation as "definitive," and many of the pamphlets and other materials included had not previously been published in a collection. The collection is noted for its sympathetic portrayal of the Anti-Federalists. The commentary underscores little-known similar positions and arguments made by the birth of the first two-party system in America. Storing points out that many "Anti-Federalists" actually considered themselves Federalists in the sense that a federation is a structure over sovereign states. The professor asserts that the name "AntiFederalists" was offensive and was used to color any opponents to a strong central government as unpatriotic, when in fact many Anti-Federalists (the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Federalist Papers
''The Federalist Papers'' is a collection of 85 articles and essays written by Alexander Hamilton, James Madison, and John Jay under the collective pseudonym "Publius" to promote the ratification of the Constitution of the United States. The collection was commonly known as ''The Federalist'' until the name ''The Federalist Papers'' emerged in the 20th century. The first 77 of these essays were published serially in the '' Independent Journal'', the ''New York Packet'', and ''The Daily Advertiser'' between October 1787 and April 1788. A compilation of these 77 essays and eight others were published in two volumes as ''The Federalist: A Collection of Essays, Written in Favour of the New Constitution, as Agreed upon by the Federal Convention, September 17, 1787'', by publishing firm J. & A. McLean in March and May 1788. The last eight papers (Nos. 78–85) were republished in the New York newspapers between June 14 and August 16, 1788. The authors of ''The Federalist'' intended t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Activism
Judicial activism is a judicial philosophy holding that the courts can and should go beyond the applicable law to consider broader societal implications of its decisions. It is sometimes used as an antonym of judicial restraint. The term usually implies that judges make rulings based on their own views rather than on precedent. The definition of judicial activism and the specific decisions that are activist are controversial political issues. The question of judicial activism is closely related to judicial interpretation, statutory interpretation, and separation of powers. Etymology Arthur Schlesinger Jr. introduced the term "judicial activism" in a January 1947 ''Fortune'' magazine article titled "The Supreme Court: 1947". The phrase has been controversial since its beginning. An article by Craig Green, "An Intellectual History of Judicial Activism," is critical of Schlesinger's use of the term; "Schlesinger's original introduction of judicial activism was doubly blurred: not ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
