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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 and origination in the United States The ability and ...
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Judicial Review
Judicial review is a process under which a government's executive, legislative, or administrative actions are subject to review by the judiciary. In a judicial review, a court may invalidate laws, acts, or governmental actions that are incompatible with a higher authority. For example, 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 (judicial supervision) 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. The judiciary in United States has been described as having unusually strong powers of judicial review from a comparative perspective. General principles Judicial review can be understood in the context o ...
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Thomas M
Thomas may refer to: People * List of people with given name Thomas * Thomas (name) * Thomas (surname) * Saint Thomas (other) * Thomas Aquinas (1225–1274) Italian Dominican friar, philosopher, and Doctor of the Church * Thomas the Apostle * Thomas (bishop of the East Angles) (fl. 640s–650s), medieval Bishop of the East Angles * Thomas (Archdeacon of Barnstaple) (fl. 1203), Archdeacon of Barnstaple * Thomas, Count of Perche (1195–1217), Count of Perche * Thomas (bishop of Finland) (1248), first known Bishop of Finland * Thomas, Earl of Mar (1330–1377), 14th-century Earl, Aberdeen, Scotland Geography Places in the United States * Thomas, Idaho * Thomas, Illinois * Thomas, Oklahoma * Thomas, Oregon * Thomas, South Dakota * Thomas, Virginia * Thomas, Washington * Thomas, West Virginia * Thomas County (other) * Thomas Township (other) Elsewhere * Thomas Glacier (Greenland) Arts and entertainment * ''Thomas'' (Burton novel), a 196 ...
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Akhil Amar
Akhil Reed Amar (born September 6, 1958) is an American legal scholar known for his expertise in U.S. constitutional law. He is a Sterling Professor of Law and Political Science at Yale University, where he is a leading scholar of originalism, the U.S. Bill of Rights, and criminal procedure. Raised in California, Amar was an undergraduate in Yale College before receiving his legal education at Yale Law School. He clerked for Judge (later Justice) Stephen Breyer then became a professor at Yale Law School at the age of 26. He is one of the legal scholars most frequently cited by the U.S. Supreme Court. Amar has been active in the American Bar Association and the Federalist Society, with his work receiving awards from both organizations. In 2008, a '' Legal Affairs'' poll placed him among the top 20 contemporary American legal thinkers. According to a 2021 study by Fred R. Shapiro, Amar is the 18th most-cited legal scholar of all time. Early life and education Amar was born on ...
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Yale
Yale University is a private Ivy League research university in New Haven, Connecticut, United States. Founded in 1701, Yale is the third-oldest institution of higher education in the United States, and one of the nine colonial colleges chartered before the American Revolution. Yale was established as the Collegiate School in 1701 by Congregationalist clergy of the Connecticut Colony. Originally restricted to instructing ministers in theology and sacred languages, the school's curriculum expanded, incorporating 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 rapidly after 1890 due to the expansion of the physical campus and its scientific research programs. Yale is organized into fifteen constituent schools, including the original under ...
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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 inde ...
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Law Professor
A jurist is a person with expert knowledge of law; someone who analyzes and comments on law. This person is usually a specialist legal scholar, mostly (but not always) with a formal education in law (a law degree) 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 atto ...
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United States
The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 contiguous states border Canada to the north and Mexico to the south, with the semi-exclave of Alaska in the northwest and the archipelago of Hawaii in the Pacific Ocean. The United States asserts sovereignty over five Territories of the United States, major island territories and United States Minor Outlying Islands, various uninhabited islands in Oceania and the Caribbean. It is a megadiverse country, with the world's List of countries and dependencies by area, third-largest land area and List of countries and dependencies by population, third-largest population, exceeding 340 million. Its three Metropolitan statistical areas by population, largest metropolitan areas are New York metropolitan area, New York, Greater Los Angeles, Los Angel ...
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Article (publishing)
An article or piece is a written work published in a Publishing, print or electronic media, electronic medium, for the propagation of news, research results, academic analysis or debate. News A news article discusses current or recent news of either general interest (i.e. daily newspapers) or of a specific topic (i.e. political or trade news magazines, club newsletters or technology news websites). A news article can include accounts of eyewitnesses to the happening event. It can contain photographs, accounts, statistics, graphs, recollections, interviews, polls, debates on the topic, etc. Headlines can be used to focus the reader's attention on a particular (or main) part of the article. The writer can also give facts and detailed information following answers to general questions like Five Ws, who, what, when, where, why and how. Quoted references can also be helpful. References to people can also be made through the written accounts of interviews and debates confirming the ...
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Law Review
A law review or law journal is a scholarly journal or publication that focuses on legal issues. A law review is a type of legal periodical. Law reviews are a source of research, imbedded with analyzed and referenced legal topics; they also provide a scholarly analysis of emerging legal concepts from various topics. The primary function of a law review is to publish scholarship in the field of law. Law reviews publish lengthy, comprehensive treatments of subjects (referred to as "articles"), that are generally written by law professors, and to a lesser extent judges, or legal practitioners. The shorter pieces, attached to the articles, commonly called "notes" and "comments", often are written by law student members of the law review. Law review articles often express the thinking of specialists or experts with regard to problems, in a legal setting, with potential solutions to those problems. Historically, law review articles have been influential in the development of the law; they ...
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Revolution
In political science, a revolution (, 'a turn around') is a rapid, fundamental transformation of a society's class, state, ethnic or religious structures. According to sociologist Jack Goldstone, all revolutions contain "a common set of elements at their core: (a) efforts to change the political regime that draw on a competing vision (or visions) of a just order, (b) a notable degree of informal or formal mass mobilization, and (c) efforts to force change through noninstitutionalized actions such as Political demonstration, mass demonstrations, Protest, protests, strikes, or violence." Revolutions have occurred throughout human history and varied in their methods, durations and outcomes. Some revolutions started with List_of_peasant_revolts, peasant uprisings or guerrilla warfare on the periphery of a country; others started with urban insurrection aimed at seizing the country's capital city. Revolutions can be inspired by the rising popularity of certain political Ideology, ideo ...
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Monarchy
A monarchy is a form of government in which a person, the monarch, reigns as head of state for the rest of their life, or until abdication. The extent of the authority of the monarch may vary from restricted and largely symbolic (constitutional monarchy), to fully autocratic (absolute monarchy), and may have Political representation, representational, Executive (government), executive, legislative, and judicial functions. The Order of succession, succession of monarchs has mostly been Hereditary monarchy, hereditary, often building dynasties; however, monarchies can also be elective monarchy, elective and Self-proclaimed monarchy, self-proclaimed. Aristocracy (class), Aristocrats, though not inherent to monarchies, often function as the pool of persons from which the monarch is chosen, and to fill the constituting institutions (e.g. Diet (assembly), diet and Royal court, court), giving many monarchies oligarchic elements. The Legitimacy (political)#Monarchy, political legitim ...
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Aristocracy
Aristocracy (; ) is a form of government that places power in the hands of a small, privileged ruling class, the aristocracy (class), aristocrats. Across Europe, the aristocracy exercised immense Economy, economic, Politics, political, and social influence. In Western Christian countries, the aristocracy was mostly equal with magnates, also known as the titled or higher nobility, however the members of the more numerous social class, the untitled lower nobility (petty nobility or gentry) were not part of the aristocracy. Classical aristocracy In ancient Greece, the Greeks conceived aristocracy as rule by the best-qualified citizens—and often contrasted it favorably with monarchy, rule by an individual. The term was first used by such ancient Greeks as Aristotle and Plato, who used it to describe a system where only the best of the citizens, chosen through a careful process of selection, would become rulers, and hereditary monarchy, hereditary rule would actually have been f ...
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