The United States Constitution and Citizens' Rights: The Interpretation and Mis-Interpretation of the American Contract for GovernanceMcFarland, 06.07.2017 - 174 Seiten In a time when American politics has become a spectator sport often viewed with a cynical eye by the people, it is needful to be reminded that our freedom entails a civic responsibility to preserve the legal document that gives us that freedom, the United States Constitution. The Constitution is a contract to which all citizens are parties and upon which they have a right to rely. The people have as well the right to protect themselves from interpretations that go unreasonably beyond the original intent of the Framers. It is clear that in the past the Constitution has been abused to justify decisions made by the legislative and judicial branches of government (as in the Dred Scott case) that have since been overturned. Decisions that extend the powers of the federal government beyond the expressly stated limits declared in the Constitution continue to occur today and remain subjects of intensely debated contention. This book gives detailed examples of where Congress and the Supreme Court have gone outside the people's mutual contract and have, in effect, amended the Constitution. The last chapter outlines a procedure by which citizens, voting directly, can overrule or repeal amendments made by elements of their government. |
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... justices, judges, lawyers, commentators, and journalists who disputed, created, and applied the Constitution. As I progressed with this book I came to stand more and more in awe of the intellectual e›ort of these outstanding people ...
... Justice John Marshall died in 1835. • James Madison died in 1836. • Justice Joseph Story died in 1845. The third source is the reported opinions of the United States Supreme Court. These are reported in the United States Reports, Cases ...
... justices of the Supreme Court don't conspire to amend the Constitution. They are moved to their decisions by that old English system of legal reasoning by analogy to precedent which the British planted in the Thirteen Colonies. Long ...
... justice by name. Occasionally I mention the names of deceased justices who have become historical figures. Why do I say the Court is "amending" the Constitution rather than "interpreting" it in the light of modern experience when it ...
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Inhalt
1 | |
3 | |
7 | |
I The Expansion of the Powers of Congress | 21 |
II The Expansion of the Judicial Power | 45 |
III Education | 60 |
IV Housing | 77 |
V Americans with Disabilities | 84 |
VI Air | 94 |
VII Water | 101 |
VIII Endangered Species | 110 |
IX The Arts | 122 |
X Prisons | 129 |
XI What Can and Should We Do? | 150 |
Index | 163 |