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Originalists
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 po ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Antonin Scalia
Antonin Gregory Scalia (; March 11, 1936 – February 13, 2016) was an American jurist who served as an associate justice of the Supreme Court of the United States from 1986 until his death in 2016. He was described as the intellectual anchor for the originalist and textualist position in the U.S. Supreme Court's conservative wing. For catalyzing an originalist and textualist movement in American law, he has been described as one of the most influential jurists of the twentieth century, and one of the most important justices in the history of the Supreme Court. Scalia was posthumously awarded the Presidential Medal of Freedom in 2018 by President Donald Trump, and the Antonin Scalia Law School at George Mason University was named in his honor. Scalia was born in Trenton, New Jersey. A devout Catholic, he attended Xavier High School before receiving his undergraduate degree from Georgetown University. Scalia went on to graduate from Harvard Law School and spe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Living Constitution
The Living Constitution, or judicial pragmatism, is the viewpoint that the United States Constitution holds a dynamic meaning that evolves and adapts to new circumstances even if the document is not formally amended. The Constitution is said to develop alongside society's needs and provide a more malleable tool for governments. The idea is associated with views that contemporary society should be considered in the constitutional interpretation of phrases. The Constitution is referred to as the living law of the land as it is transformed according to necessities of the time and the situation. Some supporters of the living method of interpretation, such as professors Michael Kammen and Bruce Ackerman, refer to themselves as organists. The arguments for the Living Constitution vary but can generally be broken into two categories. First, the pragmatist view contends that interpreting the Constitution in accordance with its original meaning or intent is sometimes unacceptable a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Original Intent
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 indeed 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 (RES ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Amy Coney Barrett
Amy Vivian Coney Barrett (born January 28, 1972) is an associate justice of the Supreme Court of the United States. The fifth woman to serve on the court, she was nominated by President Donald Trump and has served since October 27, 2020. She was a U.S. circuit judge on the U.S. Court of Appeals for the Seventh Circuit from 2017 to 2020. Before and while serving on the federal bench, she has been a professor of law at Notre Dame Law School, where she has taught civil procedure, constitutional law, and statutory interpretation.Amy Coney Barrett at the Biographical Directory of Federal Judges, a |
Raoul Berger
Raoul Berger (January 4, 1901 – September 23, 2000)ith Philip Kurland * ''The Fourteenth Amendment and the Bill of Rights'' (1989) See also *Living Constitution Notes {{DEFAULTSORT:Berger, Raoul 1901 births 2000 deaths 20th-century American Jews American people of Ukrainian-Jewish descent American legal scholars American legal writers Harvard Law School faculty University of Cincinnati alumni Northwestern University Pritzker School of Law alumni UC Berkeley School of Law faculty Harvard Law School alumni 20th-century American non-fiction writers ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Textualism
Textualism is a formalist theory in which the interpretation of the law is primarily based 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 ''law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Review
A law review or law journal is a scholarly journal or publication that focuses on legal issues. A law review is a type of legal periodical. Law reviews are a source of research, imbedded with analyzed and referenced legal topics; they also provide a scholarly analysis of emerging law concepts from various topics. Law reviews are generated in almost all law bodies/institutions worldwide. However, in recent years, some have claimed that the traditional influence of law reviews is declining. Unlike other scholarly journals, most law journals in the United States and Canada are housed at individual law schools and are edited by students, not professional scholars. A law school will typically have a "flagship" law review and several secondary journals dedicated to specific topics. For example, Harvard Law School's flagship journal is the ''Harvard Law Review'', and it has 16 other secondary journals such as the '' Harvard Journal of Law & Technology'' and the ''Harvard Civil Rights ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ex Parte McCardle
''Ex parte McCardle'', 74 U.S. (7 Wall.) 506 (1869), is a United States Supreme Court decision that examines the extent of the jurisdiction of the Supreme Court to review decisions of lower courts under federal statutory law. Case history During the Civil War Reconstruction, newspaper publisher William McCardle printed some "incendiary" articles, advocating opposition to the Reconstruction laws enacted by Congress. He was jailed by a military commander under the Military Reconstruction Act of 1867. McCardle invoked ''habeas corpus'' in the Circuit Court of the Southern District of Mississippi. The judge sent him back into custody, finding the military actions legal under Congress' law. He appealed to the Supreme Court under the Habeas Corpus Act of 1867, which granted appellate jurisdiction to review denial of habeas corpus petitions. After the case was argued but before an opinion was delivered, Congress suspended the Supreme Court's jurisdiction over the case, exercising the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Flying Buttresses
The flying buttress (''arc-boutant'', arch buttress) is a specific form of buttress composed of an arch that extends from the upper portion of a wall to a pier of great mass, in order to convey lateral forces to the ground that are necessary to push a wall outwards. These forces arise from vaulted ceilings of stone and from wind-loading of roofs. The namesake and defining feature of a flying buttress is that it is not in contact with the wall at ground level, unlike a traditional buttress, and so transmits the lateral forces across the span of intervening space between the wall and the pier. To provide lateral support, flying-buttress systems are composed of two parts: (i) a massive pier, a vertical block of masonry situated away from the building wall, and (ii) an arch that bridges the span between the pier and the wall — either a segmental arch or a quadrant arch — the ''flyer'' of the flying buttress. History As a lateral-support system, the flying buttress was develope ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Philadelphia Convention
The Constitutional Convention took place in Philadelphia from May 25 to September 17, 1787. Although the convention was intended to revise the league of states and first system of government under the Articles of Confederation, the intention from the outset of many of its proponents, chief among them James Madison of Virginia and Alexander Hamilton of New York, was to create a new Frame of Government rather than fix the existing one. The delegates elected George Washington of Virginia, former commanding general of the Continental Army in the late American Revolutionary War (1775–1783) and proponent of a stronger national government, to become President of the convention. The result of the convention was the creation of the Constitution of the United States, placing the Convention among the most significant events in American history. The convention took place in the old Pennsylvania State House (now known as Independence Hall) in Philadelphia. At the time, the convention ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Committee Of Detail
The Committee of Detail was a committee established by the United States Constitutional Convention on July 24, 1787, to put down a draft text reflecting the agreements made by the convention up to that point, including the Virginia Plan's 15 resolutions. The convention adjourned from July 26 to August 6 to await their report. Much of what was contained in the final document was present in this draft. The committee was chaired by John Rutledge, with the other members including Edmund Randolph, Oliver Ellsworth, James Wilson, and Nathaniel Gorham. Although the membership of the committee disproportionately favored the larger states, it was fairly evenly balanced in terms of geographic distribution: Gorham (Massachusetts) representing northern New England, Ellsworth (Connecticut) representing lower New England, Wilson (Pennsylvania) representing the middle states, Randolph (Virginia) representing the upper South, and Rutledge (South Carolina) representing the lower South. Ove ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Founding Fathers
The following list of national founding figures is a record, by country, of people who were credited with establishing a state. National founders are typically those who played an influential role in setting up the systems of governance, (i.e., political system form of government, and constitution), of the country. They can also be military leaders of a war of independence that led to the establishment of a sovereign state. Africa Algeria Ahmed Ben Bella served as first Prime Minister of Algeria from 1962 to 1963, then as first President of Algeria from 1963 to 1965. Angola Agostinho Neto served as first President of Angola from 1975 to 1979. Benin Hubert Maga served as first President of Dahomey from 1960 to 1963. Botswana Seretse Khama served as first President of Botswana from 1966 to 1980. Burkina Faso Thomas Sankara served as first President of Burkina Faso from 1983 to 1987. Burundi Michel Micombero was the first President of Burundi from 1966 to 1976 Cameroon Ah ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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