|
Minimalism (Judicial)
Judicial minimalism refers to a philosophy in United States constitutional law which promotes itself as a politically moderate viewpoint such as that of retired Judge Sandra Day O'Connor. It is often compared to other judicial philosophies such as judicial activism, judicial originalism, and judicial textualism. Judicial minimalism takes its approach from a limited method of decision-making conceived by Edmund Burke. The minimalist viewpoint Minimalists offer very small, case-specific interpretations of Constitutional Law as an alternative to what they see as the excesses of extremists on both sides. They believe that a stable Constitutional Law is in everybody's interest, and place great importance on the concept of precedent and '' stare decisis''. They argue that only very small interpretations away from precedent, narrowly applied, and based on the general direction of society constitute true judicial restraint rather than any originalist or strict constructionist viewpoint ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Constitutional Law
The constitutional law of the United States is the body of law governing the interpretation and implementation of the United States Constitution. The subject concerns the scope of power of the United States federal government compared to the individual states and the fundamental rights of individuals. The ultimate authority upon the interpretation of the Constitution and the constitutionality of statutes, state and federal, lies with the Supreme Court of the United States. The Supreme Court Judicial review Early in its history, in ''Marbury v. Madison'', 5 U.S. 137 (1803) and ''Fletcher v. Peck'', 10 U.S. 87 (1810), the Supreme Court of the United States declared that the judicial power granted to it by Article III of the United States Constitution included the power of judicial review, to consider challenges to the constitutionality of a State or Federal law. The holding in these cases empowered the Supreme Court to strike down enacted laws that were contrary to the Constit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Samuel Alito
Samuel Anthony Alito Jr. ( ; born April 1, 1950) is an American lawyer and jurist who serves as an associate justice of the Supreme Court of the United States. He was nominated by President George W. Bush on October 31, 2005, and has served since January 31, 2006. He is the second Italian American justice to serve on the U.S. Supreme Court—after Antonin Scalia—and the eleventh Catholic. Raised in Hamilton Township, New Jersey, and educated at Princeton University and Yale Law School, Alito served as the U.S. Attorney for the District of New Jersey and a judge on the U.S. Court of Appeals for the Third Circuit (Philadelphia, Pennsylvania) before joining the Supreme Court. He is the 110th justice. In 2013, Alito was considered "one of the most conservative justices on the Court". Granick, Jennifer and Sprigman, Christopher (June 27, 2013"The Criminal N.S.A.", ''The New York Times'' He has described himself as a "practical originalist". Alito's majority opinions in la ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
American Liberalism
Liberalism in the United States is a political and moral philosophy based on concepts of unalienable rights of the individual. The fundamental liberal ideals of freedom of speech, freedom of the press, freedom of religion, the separation of church and state, the right to due process and equality under the law are widely accepted as a common foundation of liberalism. It differs from liberalism worldwide because the United States has never had a resident hereditary aristocracy and avoided much of the class warfare that characterized Europe. According to Ian Adams: "Ideologically, all US parties are liberal and always have been. Essentially they espouse classical liberalism, that is a form of democratised Whig constitutionalism plus the free market. The point of difference comes with the influence of ''social liberalism''" and the proper role of government. Since the 1930s, the term ''liberalism'' is usually used without a qualifier in the United States to refer to ''social libe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Precedent
A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great value on deciding cases according to consistent principled rules, so that similar facts will yield similar and predictable outcomes, and observance of precedent is the mechanism by which that goal is attained. The principle by which judges are bound to precedents is known as ''stare decisis'' (a Latin phrase with the literal meaning of "to stand in the-things-that-have-been-decided"). Common-law precedent is a third kind of law, on equal footing with statutory law (that is, statutes and codes enacted by legislative bodies) and subordinate legislation (that is, regulations promulgated by executive branch agencies, in the form of delegated legislation) in UK parlance – or regulatory law (in US parlance). Case law, in common-law jurisdictions ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Racism
Racism is the belief that groups of humans possess different behavioral traits corresponding to inherited attributes and can be divided based on the superiority of one race over another. It may also mean prejudice, discrimination, or antagonism directed against other people because they are of a different race or ethnicity. Modern variants of racism are often based in social perceptions of biological differences between peoples. These views can take the form of social actions, practices or beliefs, or political systems in which different races are ranked as inherently superior or inferior to each other, based on presumed shared inheritable traits, abilities, or qualities. There have been attempts to legitimize racist beliefs through scientific means, such as scientific racism, which have been overwhelmingly shown to be unfounded. In terms of political systems (e.g. apartheid) that support the expression of prejudice or aversion in discriminatory practices or laws, racist ideolo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gender Equality
Gender equality, also known as sexual equality or equality of the sexes, is the state of equal ease of access to resources and opportunities regardless of gender, including economic participation and decision-making; and the state of valuing different behaviors, aspirations and needs equally, regardless of gender. Gender equality is the goal, while gender neutrality and gender equity are practices and ways of thinking that help in achieving the goal. Gender parity, which is used to measure gender balance in a given situation, can aid in achieving gender equality but is not the goal in and of itself. Gender equality is more than just equal representation, it is strongly tied to women's rights, and often requires policy changes. , the global movement for gender equality has not incorporated the proposition of genders besides women and men, or gender identities outside of the gender binary. UNICEF says gender equality "means that women and men, and girls and boys, enjoy the sa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Founding Fathers Of The United States
The Founding Fathers of the United States, known simply as the Founding Fathers or Founders, were a group of late-18th-century American Revolution, American revolutionary leaders who United Colonies, united the Thirteen Colonies, oversaw the American Revolutionary War, war for independence from Kingdom of Great Britain, Great Britain, established the United States, and crafted a Constitution, framework of government for the new nation. Historians generally recognize prominent leaders of the American Revolution, Revolutionary Era (1765–1791), such as George Washington, Benjamin Franklin, John Adams, Thomas Jefferson, and Alexander Hamilton, as Founding Fathers. In addition, signers of the United States Declaration of Independence, Declaration of Independence and the U.S. Constitution are widely credited with the nation's founding, while other scholars include all delegates to the Constitutional Convention (United States), Constitutional Convention in 1787 whether they signed th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Activism
Judicial activism is a judicial philosophy holding that the courts can and should go beyond the applicable law to consider broader societal implications of its decisions. It is sometimes used as an antonym of judicial restraint. The term usually implies that judges make rulings based on their own views rather than on precedent. The definition of judicial activism and the specific decisions that are activist are controversial political issues. The question of judicial activism is closely related to judicial interpretation, statutory interpretation, and separation of powers. Etymology Arthur Schlesinger Jr. introduced the term "judicial activism" in a January 1947 ''Fortune'' magazine article titled "The Supreme Court: 1947". The phrase has been controversial since its beginning. An article by Craig Green, "An Intellectual History of Judicial Activism," is critical of Schlesinger's use of the term; "Schlesinger's original introduction of judicial activism was doubly blurred: no ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Originalism
In the context of United States law, originalism is a theory of constitutional interpretation that asserts that all statements in the Constitution must be interpreted based on the original understanding "at the time it was adopted". This concept views the Constitution as stable from the time of enactment and that the meaning of its contents can be changed only by the steps set out in Article Five.B. Boyce"Originalism and the Fourteenth Amendment" 33 ''Wake Forest L. Rev.'' 909. This notion stands in contrast to the concept of the Living Constitution, which asserts that the Constitution should be interpreted based on the context of current times, even if such interpretation is different from the original interpretations of the document. Originalism should not be confused with strict constructionism. The development of originalism was influenced by Herbert Wechsler's influential lecture on ''Neutral Principles''. The idea that judicial review was distinguished from ordinary pol ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
American Conservatism
Conservatism in the United States is a political and social philosophy based on a belief in limited government, individualism, traditionalism, republicanism, and limited federal governmental power in relation to U.S. states. Conservative and Christian media organizations, along with American conservative figures, are influential, and American conservatism is one of the majority political ideologies within the Republican Party. American social conservatives typically support what they consider Christian values, moral absolutism, traditional family values, and American exceptionalism, while opposing abortion, euthanasia, and same-sex marriage. It favours economic individualism, and is generally pro-business and pro-capitalism, while supporting anti-communism and opposing labor unions. It often advocates a strong national defense, gun rights, free trade, and a defense of Western culture from perceived threats posed by both communism and moral relativism. Since the late 19 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cass Sunstein
Cass Robert Sunstein (born September 21, 1954) is an American legal scholar known for his studies of constitutional law, administrative law, environmental law, law and behavioral economics. He is also ''The New York Times'' best-selling author of ''The World According to Star Wars'' (2016) and '' Nudge '' (2008). He was the Administrator of the White House Office of Information and Regulatory Affairs in the Obama administration from 2009 to 2012. As a professor at the University of Chicago Law School for 27 years, he wrote influential works on regulatory and constitutional law, among other topics. Since leaving the White House, Sunstein has been the Robert Walmsley University Professor at Harvard Law School. In 2014, studies of legal publications found Sunstein to be the most frequently cited American legal scholar by a wide margin. Early life and education Sunstein was born on September 21, 1954, in Waban, Massachusetts, to Marian (née Goodrich), a teacher, and Cass Richa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Volokh Conspiracy
The Volokh Conspiracy ( ) is a blog co-founded in 2002 by law professor Eugene Volokh, covering legal and political issues from an ideological orientation it describes as "generally Libertarianism in the United States, libertarian, Conservatism in the United States, conservative, centrist, or some mixture of these." It is one of the most widely read and cited legal blogs in the United States. The blog is written by legal scholars and provides discussion on complex Judgment (law), court decisions. Its name is a joking reference to Hillary Clinton's claim in 1998 of a "vast right-wing conspiracy" she believed was persecuting her and husband President Bill Clinton. In January 2014, ''The Volokh Conspiracy'' migrated to ''The Washington Post'', with Volokh retaining full editorial control over its content. After June 2014, the blog was behind a paywall. In 2017, the blog moved to ''Reason (magazine), Reason.'' Volokh cited his principal reason for the move was to “be freely availab ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
.jpg "Click for more on -> Gender Equality")
