The Eminent Domain Revolt: Changing Perceptions in a New Constitutional EpochAlgora Publishing, 2007 - Počet stran: 269 A journalist and critic with a law degree, Ryskamp begins with the story of the women in New London, Connecticut who refused to give up her house to a pharmaceutical giant, as directed by her city government. He asks why she fought all the way to the US Supreme Court when no one thought she had a chance, why her loss sparked legislation in every st |
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Strana 18
... Marbury v. Madison, a case which vindicates government as a fact of the individual. “Articulately” means that there must in fact be a policy, which in turn means that the policy must incorporate facts because the policy is a fact. Which ...
... Marbury v. Madison, a case which vindicates government as a fact of the individual. “Articulately” means that there must in fact be a policy, which in turn means that the policy must incorporate facts because the policy is a fact. Which ...
Strana 41
... Marbury, for which government is one of the facts of the individual. The Court presumed to change the Marbury question, what is the difference between government and the individual? The Court's substitute question was, what is the ...
... Marbury, for which government is one of the facts of the individual. The Court presumed to change the Marbury question, what is the difference between government and the individual? The Court's substitute question was, what is the ...
Strana 46
... Marbury v. Madison. Marbury is a “facts of the individual” analysis, in which government is the fact of the individual. It voids an act giving the Supreme Court the power to order delivery of a confirmed, signed commission for justice ...
... Marbury v. Madison. Marbury is a “facts of the individual” analysis, in which government is the fact of the individual. It voids an act giving the Supreme Court the power to order delivery of a confirmed, signed commission for justice ...
Strana 47
... Marbury and ordered delivery of the commission [of a nominee put forward by outgoing Federalist President John Adams], the order would surely be ignored by [opposition Republican Secretary of State James] Madison, [and] the Court would ...
... Marbury and ordered delivery of the commission [of a nominee put forward by outgoing Federalist President John Adams], the order would surely be ignored by [opposition Republican Secretary of State James] Madison, [and] the Court would ...
Strana 48
... Marbury Court, it is simply the way the individual thinks — it is analysis, or more precisely, it is Constitutional process. Marbury is a case from 1803, Lawrence a case from 200 . The “facts of the individual” analysis is the only ...
... Marbury Court, it is simply the way the individual thinks — it is analysis, or more precisely, it is Constitutional process. Marbury is a case from 1803, Lawrence a case from 200 . The “facts of the individual” analysis is the only ...
Obsah
11 | |
65 | |
Chapter 3 The New Bill of Rights as Law | 123 |
Chapter 4 The New Bill of Rights as Fact | 167 |
Chapter 5 The Early Days of the New Bill of Rights | 201 |
Conclusion | 251 |
Bibliography | 261 |
Index | 265 |
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Strana 62 - A house divided against itself cannot stand." I believe this government cannot endure permanently half slave and half free. I do not expect the Union to be dissolved — I do not expect the house to fall — but I do expect it will cease to be divided. It will become all one thing, or all the other. Either the opponents of slavery will arrest the further spread of it, and place it where the public mind shall rest in the belief that it is in the course of ultimate extinction ; or its advocates will...
Strana 55 - SECTION 1. A general diffusion of knowledge being essential to the preservation of the rights and liberties of the people, it shall be the duty of the legislature of this State to make suitable provision for the support and maintenance of public schools.
Strana 25 - 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 23 - The General Assembly shall provide for the maintenance and support of a thorough and efficient system of public schools, wherein all the children of this Commonwealth, above the age of six years, may be educated, and shall appropriate at least one million dollars each year for that purpose.
Strana 13 - The right to earn enough to provide adequate food and clothing and recreation; The right of every farmer to raise and sell his products at a return which will give him and his family a decent living...
Strana 47 - The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever.
Strana 23 - A general diffusion of knowledge being essential to the preservation of the liberties and rights of the people, it shall be the duty of the legislature of the state to establish and make suitable provision for the support and maintenance of an efficient system of public free schools.
Strana 54 - It is not the province of this Court to create substantive constitutional rights in the name of guaranteeing equal protection of the laws. Thus, the key to discovering whether education is "fundamental" is not to be found in comparisons of the relative societal significance of education as opposed to subsistence or housing. Nor is it to be found by weighing whether education is as important as the right to travel. Rather, the answer lies in assessing whether there is a right to education explicitly...