Ordered Liberty
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Ordered Liberty
Ordered liberty is a concept in political philosophy, where individual freedom is balanced with the necessity for maintaining social order. The phrase "ordered liberty" originates from an opinion by Justice Benjamin Cardozo in ''Palko v. Connecticut'', 302 U.S. 319 (1937), wherein the Supreme Court held that the Due Process Clause protected only those rights that were "of the very essence of a scheme of ordered liberty" and that the court should therefore incorporate the Bill of Rights onto the states gradually, as justiciable violations arose, based on whether the infringed right met that test. Utilizing a case-by-case approach known as selective incorporation, the Court upheld Palko's conviction, asserting that the appeal regarding double jeopardy was not "essential to a fundamental scheme of ordered liberty." The decision was made with an 8–1 vote, with Justice Pierce Butler serving as the sole dissenter, although he did not write a dissenting opinion. In "Ordered Liberty ...
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Political Philosophy
Political philosophy studies the theoretical and conceptual foundations of politics. It examines the nature, scope, and Political legitimacy, legitimacy of political institutions, such as State (polity), states. This field investigates different forms of government, ranging from democracy to authoritarianism, and the values guiding political action, like justice, equality, and liberty. As a normative field, political philosophy focuses on desirable norms and values, in contrast to political science, which emphasizes empirical description. Political ideologies are systems of ideas and principles outlining how society should work. Anarchism rejects the coercive power of centralized governments. It proposes a stateless society to promote liberty and equality. Conservatism seeks to preserve traditional institutions and practices. It is skeptical of the human ability to radically Social change, reform society, arguing that drastic changes can destroy the wisdom of past generations. Li ...
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Fourteenth Amendment To The United States Constitution
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Considered one of the most consequential amendments, it addresses Citizenship of the United States, citizenship rights and equal protection under the law at all levels of government. The Fourteenth Amendment was a response to issues affecting Freedman#United States, freed slaves following the American Civil War, and its passage was bitterly contested. States of the defeated Confederate States of America, Confederacy were required to ratify it to regain representation in United States Congress, Congress. The amendment, particularly its first section, is one of the most litigated parts of the Constitution, forming the basis for landmark Supreme Court of the United States, Supreme Court decisions, such as ''Brown v. Board of Education'' (1954; prohibiting Racial segregation in the United States, racial segregation in State school#United St ...
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Griswold V
Griswold may refer to: People and fictional characters * Griswold (surname), a list of people and fictional characters * Griswold family, an American political family * J. Griswold Webb (1890–1934), American politician Places Canada * Griswold, Manitoba * Griswold Pass, British Columbia, a mountain pass United States * Griswold, Connecticut, a town * Griswold, Iowa, a city * Griswold, Missouri, an unincorporated community * Griswold, New York, a hamlet in the town of Arkwright * Griswold Street, Detroit, Michigan * Fort Griswold, Groton, Connecticut * Griswold Lake (Nevada) * Griswold Creek, California * Griswold Hills, California, United States, a mountain range * Griswold Scout Reservation, New Hampshire Military * USS ''Griswold'' (DE-7), a World War II US Navy ship * ''Media'' (AK-83), a World War II ship transferred to the US Army and renamed ''Glenn Gerald Griswold'' * Griswold (revolver), produced for Confederate forces during the American Civil War Bu ...
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Clarence Thomas
Clarence Thomas (born June 23, 1948) is an American lawyer and jurist who has served since 1991 as an associate justice of the Supreme Court of the United States. President George H. W. Bush nominated him to succeed Thurgood Marshall. After Marshall, Thomas is the second African American to serve on the U.S. Supreme Court and has been its longest-serving member since Anthony Kennedy's retirement in 2018. He has also been the Court's oldest member since Stephen Breyer retired in 2022. Thomas was born in Pin Point, Georgia. After his father abandoned the family, he was raised by his grandfather in a poor Gullah community near Savannah, Georgia. Growing up as a devout Catholic, Thomas originally intended to be a priest in the Catholic Church but became dissatisfied with its efforts to combat racism and abandoned his aspiration to join the clergy. He graduated with honors from the College of the Holy Cross in 1971 and earned his Juris Doctor in 1974 from Yale Law School. ...
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Samuel Alito
Samuel Anthony Alito Jr. ( ; born April 1, 1950) is an American jurist who serves as an Associate Justice of the Supreme Court of the United States, associate justice of the Supreme Court of the United States. He was Samuel Alito Supreme Court nomination, nominated to the high court by President George W. Bush on October 31, 2005, and has served on it since January 31, 2006. After Antonin Scalia, Alito is the second Italian-American, Italian American justice to serve on the U.S. Supreme Court. Alito was raised in Hamilton Township, Mercer County, New Jersey, Hamilton Township, New Jersey, and graduated from Princeton University and Yale Law School. After law school, he worked as an assistant attorney general for the Office of Legal Counsel and served as the United States Attorney for the District of New Jersey, U.S. attorney for the District of New Jersey. In 1990, Alito was appointed as a judge on the U.S. Court of Appeals for the Third Circuit, where he served until joining th ...
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Planned Parenthood V
Planning is the process of thinking regarding the activities required to achieve a desired goal. Planning is based on foresight, the fundamental capacity for mental time travel. Some researchers regard the evolution of forethought - the capacity to think ahead - as a prime mover in human evolution. Planning is a fundamental property of intelligent behavior. It involves the use of logic and imagination to visualize not only a desired result, but the steps necessary to achieve that result. An important aspect of planning is its relationship to forecasting. Forecasting aims to predict what the future will look like, while planning imagines what the future could look like. Planning according to established principles - most notably since the early-20th century - forms a core part of many professional occupations, particularly in fields such as management and business. Once people have developed a plan, they can measure and assess progress, efficiency and effectiveness. As circumst ...
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Precedent
Precedent is a judicial decision that serves as an authority for courts when deciding subsequent identical or similar cases. Fundamental to common law legal systems, precedent operates under the principle of ''stare decisis'' ("to stand by things decided"), where past judicial decisions serve as case law to guide future rulings, thus promoting consistency and predictability. Precedent is a defining feature that sets common law systems apart from Civil law (legal system), civil law systems. In common law, precedent can either be something courts must follow (binding) or something they can consider but do not have to follow (persuasive). Civil law (legal system), Civil law systems, in contrast, are characterized by comprehensive Code of law, codes and detailed statutes, with no emphasis on precedent, and where judges primarily focus on fact-finding and applying codified law. Courts in common law systems rely heavily on case law, which refers to the collection of precedents and le ...
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Roe V
Roe, ( ) or hard roe, is the fully ripe internal egg masses in the ovaries, or the released external egg masses, of fish and certain marine animals such as shrimp, scallop, sea urchins and squid. As a seafood, roe is used both as a cooked ingredient in many dishes, and as a raw ingredient for delicacies such as caviar. The roe of marine animals, such as the roe of lumpsucker, hake, mullet, salmon, Atlantic bonito, mackerel, squid, and cuttlefish are especially rich sources of omega-3 fatty acids, but omega-3s are present in all fish roe. Also, a significant amount of vitamin B12 is among the nutrients present in fish roes. Roe from a sturgeon or sometimes other fish such as flathead grey mullet, is the raw base product from which caviar is made. The term soft roe or white roe denotes fish milt, not fish eggs. By country Africa South Africa People in KwaZulu-Natal consume fish roe in the form of slightly sour curry or battered and deep fried. Americas Brazi ...
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Isaiah Berlin
Sir Isaiah Berlin (6 June 1909 – 5 November 1997) was a Russian-British social and political theorist, philosopher, and historian of ideas. Although he became increasingly averse to writing for publication, his improvised lectures and talks were sometimes recorded and transcribed, and many of his spoken words were converted into published essays and books, both by himself and by others, especially by his principal editor from 1974, Henry Hardy. Born in Riga (now the capital of Latvia, then a part of the Russian Empire), he moved to Petrograd, Russia, at the age of 6, where he witnessed the Russian Revolution. In 1921 his family moved to England, and he was educated at St Paul's School, London, and Corpus Christi College, Oxford. In 1932, at the age of 23, Berlin was elected to a prize fellowship at All Souls College, Oxford. In addition to his own output, he translated works by Ivan Turgenev from Russian into English. During the Second World War he worked for the British Dipl ...
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Friedrich Hayek
Friedrich August von Hayek (8 May 1899 – 23 March 1992) was an Austrian-born British academic and philosopher. He is known for his contributions to political economy, political philosophy and intellectual history. Hayek shared the 1974 Nobel Memorial Prize in Economic Sciences with Gunnar Myrdal for work on money and economic fluctuations, and the interdependence of economic, social and institutional phenomena. His account of how prices communicate information is widely regarded as an important contribution to economics that led to him receiving the prize. He was a major contributor to the Austrian school of economics. During his teenage years, Hayek fought in World War I. He later said this experience, coupled with his desire to help avoid the mistakes that led to the war, drew him into economics. He earned doctoral degrees in law in 1921 and political studies in 1923 from the University of Vienna. He subsequently lived and worked in Austria, Great Britain, the United Sta ...
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Negative Liberty
Negative liberty, or negative freedom, is freedom from interference by other people. Negative liberty is primarily concerned with freedom from external restraint and contrasts with positive liberty (the possession of the power and resources to fulfill one's own potential). The distinction originated with Bentham, was popularized by T. H. Green and Guido De Ruggiero, and is now best known through Isaiah Berlin's 1958 lecture " Two Concepts of Liberty". Overview ''Stanford Encyclopedia of Philosophy'' describes negative liberty: "The negative concept of freedom ... is most commonly assumed in liberal defences of the constitutional liberties typical of liberal-democratic societies, such as freedom of movement, freedom of religion, and freedom of speech, and in arguments against paternalist or moralist state intervention. It is also often invoked in defences of the right to private property, although some have contested the claim that private property necessarily enhances neg ...
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Positive Liberty
Positive liberty, or positive freedom, is the possession of the power and resources to act in the context of the structural limitations of the broader society which impacts a person's ability to act, as opposed to negative liberty, which is freedom from external restraint on one's actions.Berlin, Isaiah. ''Four Essays on Liberty''. 1969.Steven J. Heyman, "Positive and negative liberty." ''Chicago-Kent Law Review''. 68 (1992): 81-90 online/ref> The concepts of structure and agency are central to the concept of positive liberty because in order to be free, a person should be free from inhibitions of the social structure in carrying out their ambitions. Structurally, classism, sexism, ageism, ableism and racism can inhibit a person's freedom. As positive liberty is primarily concerned with the possession of sociological agency, it is enhanced by the ability of citizens to participate in government and have their voices, interests, and concerns recognized and acted upon. Isaiah ...
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