Seasoned JudgmentsTransaction Publishers |
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Strana xvii
... argument that a bill of rights would be " preposterous and dangerous , " would put rights at risk , and would augment national powers . He reasoned that a formal declaration on freedom of the press or of religion , over which Congress ...
... argument that a bill of rights would be " preposterous and dangerous , " would put rights at risk , and would augment national powers . He reasoned that a formal declaration on freedom of the press or of religion , over which Congress ...
Strana xvii
Leonard W. Levy. the people would be rendered incomplete . " ( That argument eventually gave rise to the ninth amendment . ) The rights of the people , according to Federalist theoreticians , de- pended not on " parchment provisions ...
Leonard W. Levy. the people would be rendered incomplete . " ( That argument eventually gave rise to the ninth amendment . ) The rights of the people , according to Federalist theoreticians , de- pended not on " parchment provisions ...
Strana xvii
... argument that the Constitution adequately secured liberty and made a bill of rights superfluous , even dangerous , seductively attracted the proponents of ratification . But some of the points that they made were patently absurd , such ...
... argument that the Constitution adequately secured liberty and made a bill of rights superfluous , even dangerous , seductively attracted the proponents of ratification . But some of the points that they made were patently absurd , such ...
Strana xvii
... argument , in effect that to include some rights would exclude all others , boomeranged . Hamilton , in Federalist No. 84 , oblivious of inconsistency and il- logic , had elaborately described the protections of particular rights in the ...
... argument , in effect that to include some rights would exclude all others , boomeranged . Hamilton , in Federalist No. 84 , oblivious of inconsistency and il- logic , had elaborately described the protections of particular rights in the ...
Strana xvii
... argument against a bill of rights was that the government could do anything not forbidden by the Constitution . Because the provision on the writ of habeas corpus allowed its suspension whenever the public safety re- quired , Henry ...
... argument against a bill of rights was that the government could do anything not forbidden by the Constitution . Because the provision on the writ of habeas corpus allowed its suspension whenever the public safety re- quired , Henry ...
Obsah
xvii | |
13 | |
31 | |
On the Origins of the Free Press Clause | 41 |
The Legacy Reexamined | 85 |
Flag Desecration | 111 |
The Incorporation Doctrine | 119 |
Incorporation and the Wall | 127 |
Due Process of Law | 299 |
Taxation Without Representation | 303 |
Massachusetts Constitution October 251780 | 307 |
Articles of Confederation | 311 |
Ratifier Intent | 317 |
The Supreme Court 17891801 | 321 |
And Some Leading Cases | 331 |
Freedom in Turmoil Era of the Sedition Act | 337 |
The Fourth Amendment Search and Seizure | 147 |
The Exclusionary Rule | 177 |
Establishment of the Fifth Amendment Right | 185 |
Framing the Fifth Amendment | 223 |
Immunity Grants | 255 |
Miranda v Arizona 384 US 436 1966 | 259 |
Testimonial and Nontestimonial Compulsion | 263 |
The Ninth Amendment Unenumerated Rights | 267 |
Constitutional History | 285 |
Social Compact Theory | 287 |
Constitution | 291 |
Constitutional Convention | 295 |
Textualism | 349 |
Lemuel Shaw Americas Greatest Magistrate | 357 |
The Marshall Court | 377 |
The Marshall Court | 379 |
Marbury v Madison 1 Cranch 137 1803 | 393 |
Federal Common Law of Crimes | 401 |
Three Contract Clause Cases | 407 |
Martin v Hunters Lessee 1 Wheaton 304 1816 | 417 |
McCulloch v Maryland 4 Wheaton 3161819 | 423 |
Cohens v Virginia 6 Wheaton 265 1821 | 431 |
Gibbons v Ogden 9 Wheaton 1 1824 | 439 |
Další vydání - Zobrazit všechny
Seasoned Judgments: The American Constitution, Rights, and History Leonard W. Levy Náhled není k dispozici. - 1997 |
Seasoned Judgments: The American Constitution, Rights, and History Leonard Williams Levy Náhled není k dispozici. - 1995 |
Běžně se vyskytující výrazy a sousloví
accused Adams American Anderson Anti-Federalist Article authority Bill of Rights Bork Boston Chief Justice civil colonies common law compact theory compelled Congress consti Constitution constitutionality convention crime criminal Cush decision defendant doctrine due process England establishment clause evidence exclusionary rule Federalist Fifth Amendment Fourteenth Amendment Fourth Amendment Framers free press clause freedom Goebel and Naughton grand jury Ibid immunity incorporation doctrine incriminate Jefferson John judges judicial review Judiciary jurisdiction law of seditious legislative legislature Levy liberty Magna Carta Marshall Marshall's Massachusetts Mayton meaning ment oath opinion original Pennsylvania person police political principle process of law prosecution protection punishment ratifying reason religion religious reprinted Republican right against self-incrimination search and seizure Sedition Act seditious libel self-incrimination Shaw speech statute supra note 14 Supreme Court tion treason clause treaties trial unconstitutional United violated Virginia vols warrants William witness writs of assistance York
Oblíbené pasáže
Strana 223 - That, in all capital or criminal prosecutions, a man hath a right to demand the cause and nature of his accusation...
Strana 88 - They would contain various exceptions to powers not granted, and on this very account would afford a colorable pretext to claim more than were granted; for why declare that things shall not be done which there is no power to do?
Strana 135 - But the present has a right to govern itself so far as it can; and it ought always to be remembered that historic continuity with the past is not a duty, it is only a necessity.
Strana 35 - Government, and reserves and secures the same rights and privileges to the citizen; and as long as it continues to exist in its present form, it speaks not only in the same words, but with the same meaning and intent with which it spoke when it came from the hands of its framers, and was voted on and adopted by the people of the United States. Any other rule of construction would abrogate the judicial character of this court, and make it the mere reflex of the popular opinion or passion of the day.
Strana 153 - Every man of an immense crowded audience appeared to me to go away as I did, ready to take arms against writs of assistance. Then and there was the first scene of the first act of opposition to the arbitrary claims of Great Britain. Then and there the child Independence was born.
Strana 281 - If they are incorporated into the constitution, independent tribunals of justice will consider themselves in a peculiar manner the guardians of those rights; they will be an impenetrable bulwark against every assumption of power in the legislative or executive; they will be naturally led to resist every encroachment upon rights expressly stipulated for in the constitution by the declaration of rights.
Strana 410 - I do not hesitate to declare that a State does not possess the power of revoking its own grants. But I do it on a general principle, on the reason and nature of things: a principle which will impose laws even on the Deity.
Strana xvii - Let me add that a bill of rights is what the people are entitled to against every government on earth, general or particular, and what no just government should refuse, or rest on inference.
Odkazy na tuto knihu
The Federalist Papers: In Modern Language Indexed for Today's Political Issues Mary E. Webster Zobrazení fragmentů - 1999 |