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Strict Constructionism
In the United States, strict constructionism is a particular Philosophy of law, legal philosophy of judicial interpretation that limits or restricts the powers of the federal government only to those ''expressly'', i.e., explicitly and clearly, granted to the government by the United States Constitution. While commonly confused with textualism or originalism, they are not the same, and in fact frequently contradict, as textualists like Antonin Scalia have noted. Different uses Strict meaning Strict construction requires a judge to apply the text only as it is ''expressly'' written, i.e., read Literal and figurative language, perfectly literally. This can contradict the commonly-understood meaning of a law. For example, consider a law that specifies "the use of a knife when committing a crime should be punished by ten years in prison." This would commonly be understood as prohibiting the use of a knife to threaten or injure another person. However, read purely literally, the law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Philosophy Of Law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a legislature, resulting in statutes; by the executive through decrees and regulations; or by judges' decisions, which form precedent in common law jurisdictions. An autocrat may exercise those functions within their realm. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and also serves as a mediator of relations between people. Legal systems vary between jurisdictions, with their differences analysed in comparative law. In civil law jurisdictions, a legislature or other central body codifies and consolidates the law. In common law systems, judges ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Major Questions Doctrine
The major questions doctrine is a principle of statutory interpretation in United States administrative law under which, pursuant to recent Supreme Court precedent, courts have held that questions of major political or economic significance may not be delegated by Congress to executive agencies absent sufficiently clear and explicit authorization. It functions as a canon to limit broad assertions of implied powers, effectively reinforcing the role of legislative power. The doctrine was articulated as a paradigm in '' FDA v. Brown & Williamson Tobacco Corp.'' (2000), which advised "common sense" in assessing whether Congress intended to delegate broad regulatory powers. The phrase "major questions" first appeared in legal scholarship in 2008 and gained doctrinal status by 2016 with conservative legal organization support amid the deregulatory agenda of the first presidency of Donald Trump. Brett Kavanaugh used the term in a United States courts of appeals dissent, later descri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sandra Day O'Connor
Sandra Day O'Connor (March 26, 1930 – December 1, 2023) was an American attorney, politician, and jurist who served as an associate justice of the Supreme Court of the United States from 1981 to 2006. Nominated by President Ronald Reagan, O'Connor was the first woman to serve as a U.S. Supreme Court justice. A moderate conservative, she was considered a swing vote. Before O'Connor's tenure on the Court, she was an Arizona state judge and earlier an elected legislator in Arizona, serving as the first female majority leader of a state senate as the Republican leader in the Arizona Senate. Upon her nomination to the Court, O'Connor was confirmed unanimously by the United States Senate. O'Connor usually sided with the Court's conservative bloc but on occasion sided with the Court's liberal members. She often wrote concurring opinions that sought to limit the reach of the majority holding. Her majority opinions in landmark cases include '' Grutter v. Bollinger'' and '' Hamd ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ronald Reagan
Ronald Wilson Reagan (February 6, 1911 – June 5, 2004) was an American politician and actor who served as the 40th president of the United States from 1981 to 1989. He was a member of the Republican Party (United States), Republican Party and became an important figure in the American conservative movement. Presidency of Ronald Reagan, His presidency is known as the Reagan era. Born in Illinois, Reagan graduated from Eureka College in 1932 and was hired the next year as a sports broadcaster in Iowa. In 1937, he moved to California where he became a well-known film actor. During his acting career, Reagan was president of the Screen Actors Guild twice from 1947 to 1952 and from 1959 to 1960. In the 1950s, he hosted ''General Electric Theater'' and worked as a motivational speaker for General Electric. During the 1964 United States presidential election, 1964 presidential election, Reagan's "A Time for Choosing" speech launched his rise as a leading conservative figure. After b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gerald Ford
Gerald Rudolph Ford Jr. (born Leslie Lynch King Jr.; July 14, 1913December 26, 2006) was the 38th president of the United States, serving from 1974 to 1977. A member of the Republican Party (United States), Republican Party, Ford assumed the presidency after the resignation of President Richard Nixon, under whom he had served as the 40th vice president of the United States, vice president from 1973 to 1974 following Spiro Agnew's resignation. Prior to that, he served as a member of the U.S. House of Representatives from 1949 to 1973. Ford was born in Omaha, Nebraska, and raised in Grand Rapids, Michigan. He attended the University of Michigan, where he played for Michigan Wolverines football, the university football team, before eventually attending Yale Law School. Afterward, he served in the U.S. Naval Reserve from 1942 to 1946. Ford began his political career in 1949 as the U.S. representative from Michigan's 5th congressional district, serving in this capacity for nearly 25 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Warren Burger
Warren Earl Burger (September 17, 1907 – June 25, 1995) was an American attorney who served as the 15th chief justice of the United States from 1969 to 1986. Born in Saint Paul, Minnesota, Burger graduated from the St. Paul College of Law in 1931. He helped secure the Minnesota delegation's support for Dwight D. Eisenhower at the 1952 Republican National Convention. After Eisenhower won the 1952 presidential election, he appointed Burger to the position of Assistant Attorney General in charge of the Civil Division. In 1956, Eisenhower appointed Burger to the United States Court of Appeals for the District of Columbia Circuit. Burger served on this court until 1969 and became known as a critic of the Warren Court. In 1969, President Richard Nixon nominated Burger to succeed Earl Warren as Chief Justice, and Burger won Senate confirmation with little opposition. He did not emerge as a strong intellectual force on the Court, but sought to improve the administration of the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lewis F
Lewis may refer to: Names * Lewis (given name), including a list of people with the given name * Lewis (surname), including a list of people with the surname Music * Lewis (musician), Canadian singer * " Lewis (Mistreated)", a song by Radiohead from ''My Iron Lung'' Places * Lewis (crater), a crater on the far side of the Moon * Isle of Lewis, the northern part of Lewis and Harris, Western Isles, Scotland United States * Lewis, Colorado * Lewis, Indiana * Lewis, Iowa * Lewis, Kansas * Lewis Wharf, Boston, Massachusetts * Lewis, Missouri * Lewis, Essex County, New York * Lewis, Lewis County, New York * Lewis, North Carolina * Lewis, Vermont * Lewis, Wisconsin Ships * USS ''Lewis'' (1861), a sailing ship * USS ''Lewis'' (DE-535), a destroyer escort in commission from 1944 to 1946 Science * Lewis structure, a diagram of a molecule that shows the bonding between the atoms * Lewis acids and bases * Lewis antigen system, a human blood group system * Lewis numb ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Harry Blackmun
Harold Andrew Blackmun (November 12, 1908 – March 4, 1999) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1970 to 1994. Appointed by President Richard Nixon, Blackmun ultimately became one of the most liberal justices on the Court. He is best known as the author of the Court's opinion in ''Roe v. Wade.'' Raised in Saint Paul, Minnesota, Blackmun graduated from Harvard Law School in 1932. He practiced law in the Twin Cities, representing clients such as the Mayo Clinic. In 1959, President Dwight D. Eisenhower appointed him to the United States Court of Appeals for the Eighth Circuit. After the defeat of two previous nominees, President Nixon successfully nominated Blackmun to the Supreme Court to replace Associate Justice Abe Fortas. Blackmun and his close friend, Chief Justice Warren Burger, were often called the "Minnesota Twins", but Blackmun drifted away from Burger during their tenure on the court. He re ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Richard Nixon
Richard Milhous Nixon (January 9, 1913April 22, 1994) was the 37th president of the United States, serving from 1969 until Resignation of Richard Nixon, his resignation in 1974. A member of the Republican Party (United States), Republican Party, he previously served as the 36th Vice President of the United States, vice president under President Dwight D. Eisenhower from 1953 to 1961, and also as a United States House of Representatives, representative and United States Senate, senator from California. Presidency of Richard Nixon, His presidency saw the reduction of U.S. involvement in the Vietnam War, ''détente'' with the Soviet Union and China, the Apollo 11 Moon landing, and the establishment of the United States Environmental Protection Agency, Environmental Protection Agency and Occupational Safety and Health Administration. Nixon's second term ended early when he became the only U.S. president to resign from office, as a result of the Watergate scandal. Nixon was born ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Antebellum Period
The ''Antebellum'' South era (from ) was a period in the history of the Southern United States that extended from the conclusion of the War of 1812 to the start of the American Civil War in 1861. This era was marked by the prevalent practice of slavery and the associated societal norms it cultivated. Over the course of this period, Southern leaders underwent a transformation in their perspective on slavery. Initially regarded as an awkward and temporary institution, it gradually evolved into a defended concept, with proponents arguing for its positive merits, while simultaneously vehemently opposing the burgeoning abolitionist movement. Society was stratified, inegalitarian, and perceived by immigrants as lacking in opportunities. Consequently, the manufacturing base lagged behind that of the non-slave states. Wealth inequality grew as the larger landholders took the greater share of the profits generated by enslaved persons, which also helped to entrench their power as a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Democratic-Republican Party
The Democratic-Republican Party (also referred to by historians as the Republican Party or the Jeffersonian Republican Party), was an American political party founded by Thomas Jefferson and James Madison in the early 1790s. It championed liberalism, republicanism, individual liberty, equal rights, separation of church and state, freedom of religion, anti-clericalism, emancipation of religious minorities, decentralization, free markets, free trade, and agrarianism. In foreign policy, it was hostile to Great Britain and in sympathy with the French Revolution and Napoleonic Wars. The party became increasingly dominant after the 1800 elections as the opposing Federalist Party collapsed. Increasing dominance over American politics led to increasing factional splits within the party. Old Republicans, led by John Taylor of Caroline and John Randolph of Roanoke, believed that the administrations of Jefferson, Madison, and Monroe—and the Congresses led by Henry Clay—had in so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Clarence Thomas
Clarence Thomas (born June 23, 1948) is an American lawyer and jurist who has served since 1991 as an associate justice of the Supreme Court of the United States. President George H. W. Bush nominated him to succeed Thurgood Marshall. After Marshall, Thomas is the second African American to serve on the U.S. Supreme Court and has been its longest-serving member since Anthony Kennedy's retirement in 2018. He has also been the Court's oldest member since Stephen Breyer retired in 2022. Thomas was born in Pin Point, Georgia. After his father abandoned the family, he was raised by his grandfather in a poor Gullah community near Savannah, Georgia. Growing up as a devout Catholic, Thomas originally intended to be a priest in the Catholic Church but became dissatisfied with its efforts to combat racism and abandoned his aspiration to join the clergy. He graduated with honors from the College of the Holy Cross in 1971 and earned his Juris Doctor in 1974 from Yale Law School. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
