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Intentionalist Historian
Original intent is a theory in law concerning constitutional and statutory interpretation. It is frequently used as a synonym for originalism; while original intent is one theory in the originalist family, it has some salient differences which has led originalists from more predominant schools of thought such as original meaning to distinguish original intent as much as legal realists do. Approach Original intent maintains that in interpreting a text, a court should determine what the authors of the text were trying to achieve, and to give effect to what they ''intended'' the statute to accomplish, the actual ''text'' of the legislation notwithstanding. As in purposivism, tools such as legislative history are often used. One example of original intent is in Freeman v. Quicken Loans Inc., 012 The plaintiffs took out mortgage loans from Quicken Loans. In 2008 they sued Quicken Loans arguing that that respondent had violated Real Estate Settlement Procedures Act (RESPA) Section ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed. When these principles are written down into a single document or set of legal documents, those documents may be said to embody a ''written constitution''; if they are encompassed in a single comprehensive document, it is said to embody a ''codified constitution''. The Constitution of the United Kingdom is a notable example of an ''uncodified constitution''; it is instead written in numerous fundamental acts of a legislature, court cases, and treaties. Constitutions concern different levels of organizations, from sovereign countries to companies and unincorporated associations. A treaty that establishes an international organization is also its constitution, in that it would define how that organization is constituted. Within states, a constitution ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Macmillan Inc
MacMillan, Macmillan, McMillen or McMillan may refer to: People * McMillan (surname) * Clan MacMillan, a Highland Scottish clan Places Australia * Division of McMillan, electoral district in Australian House of Representatives in Victoria Canada * Macmillan River, a river in the Yukon Territory of northwestern Canada * MacMillan Provincial Park, a provincial park in British Columbia, Canada United States * McMillan Mesa, a mesa in Flagstaff, Coconino County, Arizona. * McMillan, Michigan * McMillan Township, Luce County, Michigan * McMillan Township, Ontonagon County, Michigan * McMillan, Oklahoma, an unincorporated community * McMillan, Texas, an unincorporated community * McMillan, Wisconsin, a town * McMillan (community), Wisconsin, an unincorporated community * McMillan Reservoir in Washington, D.C. Companies and organizations * McMillan (agency), a Canadian creative agency * Macmillan Cancer Support, a British charity * McMillan Hotels, a hotel ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Constitution Of Canada
The Constitution of Canada () is the supreme law in Canada. It outlines Canada's system of government and the civil and human rights of those who are citizens of Canada and non-citizens in Canada. Its contents are an amalgamation of various codified acts, treaties between the Crown and Indigenous Peoples (both historical and modern), uncodified traditions and conventions. Canada is one of the oldest constitutional monarchies in the world. The Constitution of Canada comprises core written documents and provisions that are constitutionally entrenched, take precedence over all other laws and place substantive limits on government action; these include the ''Constitution Act, 1867'' (formerly the ''British North America Act, 1867)'' and the ''Canadian Charter of Rights and Freedoms.''Monahan, Patrick J.; Shaw, Byron; Ryan, Padraic (2017). ''Constitutional Law'' (5th ed.). Toronto, ON: Irwin Law Inc. pp.3-9. The ''Constitution Act'', ''1867'' provides for a constitution ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Living Tree Doctrine
In Canadian law, the living tree doctrine () is a doctrine of constitutional interpretation that says that a constitution is organic and must be read in a broad and progressive manner so as to adapt it to the changing times. Concept The living tree doctrine has been deeply entrenched into Canadian constitutional law since the seminal constitutional case of '' Edwards v Canada (Attorney General)'', also widely known as the ''Persons Case'', wherein Viscount Sankey stated in the 1929 decision: "The British North America Act planted in Canada a living tree capable of growth and expansion within its natural limits." This is known as the doctrine of progressive interpretation. This means that the Constitution cannot be interpreted in the same way as an ordinary statute. Rather, it must be read within the context of society to ensure that it adapts and reflects changes. If constitutional interpretation adheres only to the framers' intent and remains rooted in the past, the Constitu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Canada
Canada is a country in North America. Its Provinces and territories of Canada, ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, making it the world's List of countries and dependencies by area, second-largest country by total area, with the List of countries by length of coastline, world's longest coastline. Its Canada–United States border, border with the United States is the world's longest international land border. The country is characterized by a wide range of both Temperature in Canada, meteorologic and Geography of Canada, geological regions. With Population of Canada, a population of over 41million people, it has widely varying population densities, with the majority residing in List of the largest population centres in Canada, urban areas and large areas of the country being sparsely populated. Canada's capital is Ottawa and List of census metropolitan areas and agglomerations in Canada, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
The Interpretation Of Legal Texts
''The'' is a grammatical article in English, denoting nouns that are already or about to be mentioned, under discussion, implied or otherwise presumed familiar to listeners, readers, or speakers. It is the definite article in English. ''The'' is the most frequently used word in the English language; studies and analyses of texts have found it to account for seven percent of all printed English-language words. It is derived from gendered articles in Old English which combined in Middle English and now has a single form used with nouns of any gender. The word can be used with both singular and plural nouns, and with a noun that starts with any letter. This is different from many other languages, which have different forms of the definite article for different genders or numbers. Pronunciation In most dialects, "the" is pronounced as (with the voiced dental fricative followed by a schwa) when followed by a consonant sound, and as (homophone of the archaic pronoun ''thee'') ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Textualism
Textualism is a formalist theory in which the interpretation of the law is based exclusively on the ordinary meaning of the legal text, where no consideration is given to non-textual sources, such as intention of the law when passed, the problem it was intended to remedy, or significant questions regarding the justice or rectitude of the law.Keith E. Whittington, Constitutional Interpretation: Textual Meaning, Original Intent, and Judicial Review (2001) . Definition The textualist will "look at the statutory structure and hear the words as they would sound in the mind of a skilled, objectively reasonable user of words." The textualist thus does not give weight to legislative history materials when attempting to ascertain the meaning of a text. Textualism is often erroneously conflated with originalism, and was advocated by United States Supreme Court Justices such as Hugo Black and Antonin Scalia; the latter staked out his claim in his 1997 Tanner Lecture: " tis the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Legal Formalism
Legal formalism is both a descriptive theory of how judges decide cases and a Normative, normative theory of how judges should decide Legal case, cases. In its descriptive sense, formalists maintain that judges reach their decisions by applying uncontroversial principles to the Trier of fact, facts; formalists believe that there is an underlying logic to the many legal principles that may be applied in different cases. These principles, they claim, are straightforward and can be readily discovered by anyone with some legal expertise. U.S. Supreme Court Justice Oliver Wendell Holmes Jr., by contrast, believed that "The life of the law has not been logic: it has been experience". The formalist era is generally viewed as having existed from the 1870s to the 1920s, but some scholars deny that legal formalism ever existed in practice. The ultimate goal of legal formalism would be to describe the underlying principles in a single and determinate system that could be applied mechanically ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
United States House Of Representatives
The United States House of Representatives is a chamber of the Bicameralism, bicameral United States Congress; it is the lower house, with the U.S. Senate being the upper house. Together, the House and Senate have the authority under Article One of the United States Constitution, Article One of the Constitution of the United States, U.S. Constitution to pass or defeat federal legislation, known as Bill (United States Congress), bills. Those that are also passed by the Senate are sent to President of the United States, the president for signature or veto. The House's exclusive powers include initiating all revenue bills, Impeachment in the United States, impeaching federal officers, and Contingent election, electing the president if no candidate receives a majority of votes in the United States Electoral College, Electoral College. Members of the House serve a Fixed-term election, fixed term of two years, with each seat up for election before the start of the next Congress. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
United States Democratic Party
The Democratic Party is a Centre-left politics, center-left political parties in the United States, political party in the United States. One of the Major party, major parties of the U.S., it was founded in 1828, making it the world's oldest active political party. Its main rival since the 1850s has been the Republican Party (United States), Republican Party, and the two have since dominated American politics. The Democratic Party was founded in 1828 from remnants of the Democratic-Republican Party. Senator Martin Van Buren played the central role in building the coalition of state organizations which formed the new party as a vehicle to help elect Andrew Jackson as president that year. It initially supported Jacksonian democracy, agrarianism, and Manifest destiny, geographical expansionism, while opposing Bank War, a national bank and high Tariff, tariffs. Democrats won six of the eight presidential elections from 1828 to 1856, losing twice to the Whig Party (United States) ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
John Conyers
John James Conyers Jr. (May 16, 1929October 27, 2019) was an American politician of the Democratic Party who served as a U.S. representative from Michigan from 1965 to 2017. Conyers was the sixth-longest serving member of Congress and the longest-serving African American member of Congress in history. After serving in the Korean War, Conyers became active in the civil rights movement. He also served as an aide to Congressman John Dingell before winning election to the House in 1964. He co-founded the Congressional Black Caucus in 1969 and established a reputation as one of the most left-wing members of Congress. Conyers joined the Congressional Progressive Caucus after it was founded in 1991. Conyers supported creation of a single-payer healthcare system and sponsored the United States National Health Care Act. He also sponsored a bill to establish Martin Luther King Jr. Day as a federal holiday, and was the first congressperson to introduce legislation in support of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
