Reflections on Constitutional Law

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University Press of Kentucky, 25. aug. 2006 - 288 sider
Constitutional scholar George Anastaplo believes that many judges and lawyers draw upon a skimpy, if not simply unreliable, knowledge of history. He proposes that in order to write reliable opinions, these men and women must have a deeper understanding of the enduring principles upon which the law naturally tends to draw. In the study of constitutional law, Anastaplo argues that it is more important to weigh what the Supreme Court has said and how that is saidÑwhat considerations it weighed and howÑthan it is to know what it is recorded that the Court Òdecided.Ó In Reflections on Constitutional Law, Anastaplo makes the case for a renewed focus on a now often-overlooked aspect of the study of law. He emphasizes the continuing significance and importance of the Constitution by thoroughly examining the most important influences on the American constitutional system, including the Magna Carta and the Declaration of Independence.

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Innhold

A False Start?
132
More Flase Starts?
139
10 Shelly v Kraemer 1948 Brown v Board of Education 1954 1955
146
11 Affirmative Action and the Fourteenth Amendment
153
12 San Antonio Independent School District v Rodriguez 1973
160
13 Whose Votes Count for Whatand When?
167
Appendix A
175
Appendix B
187

Appendix C
193
Appendix D
203
Appendix E
211
Appendix F
225
Appendix G
227
Appendix H
237
Appendix I
239
Appendix J
257
Index
261
About the Author
269
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Side 194 - Each state shall maintain its own delegates in a meeting of the states, and while they act as members of the committee of the states. In determining questions in the united states, in Congress assembled, each state shall have one vote. Freedom of speech and debate in Congress shall not be impeached or questioned in any Court, or place out of Congress...
Side 232 - The terms of the President and Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin. SECTION 2. The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.
Side 193 - The said states hereby severally enter into a firm league of friendship with each other, for their common defence, the security of their Liberties, and their mutual and general welfare, binding themselves to assist each other, against all force offered to, or attacks made upon them, or any of them, on account of religion, sovereignty, trade, or any other pretence whatever.
Side 243 - Court; 10 To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations; 11 To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water...
Side 187 - Representative Houses repeatedly, for opposing with manly Firmness his Invasions on the Rights of the People. HE has refused for a long Time, after such Dissolutions, to cause others to be elected; whereby the Legislative Powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the Dangers of Invasion from without, and Convulsions within.
Side 188 - Perfidy, scarcely paralleled in the most barbarous Ages, and totally unworthy the Head of a civilized Nation. He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the Executioners of their Friends and Brethren, or to fall themselves by their Hands.
Side 212 - Senators. The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day.

Om forfatteren (2006)

George Anastaplo, professor of law at Loyola University in Chicago and lecturer in the liberal arts at the University of Chicago, is the author of numerous books, including Reflections on Constitutional Law and The Constitutionalist.

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