Read e-book online American Constitutional Law, Volume II: Civil Rights and PDF

By Jr. Otis H.(Otis H. Stephens Jr.) Stephens, II John M. Scheb

ISBN-10: 0495097055

ISBN-13: 9780495097051

AMERICAN CONSTITUTIONAL legislation, Volumes I and II, combines circumstances, judgements, and authorial statement to maximise your studying and realizing during this direction. those finished volumes hide the full variety of issues in constitutional legislation. all the chapters comprises a longer essay offering the felony, ancient, political, and cultural contexts for the set of edited judgements from the USA splendid courtroom case that follows. In choosing, modifying, and updating the fabrics, the authors emphasize contemporary developments in significant parts of constitutional interpretation. while, the authors comprise many landmark judgements, a few of which continue value as precedents whereas others illustrate the brief nature of constitutional interpretation. as the publication offers an excellent stability of choices and authorial remark, this article appeals to teachers of legislations in addition to teachers of political technology.

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Extra resources for American Constitutional Law, Volume II: Civil Rights and Liberties

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While these rights are by no means unimportant, they pale in comparison to the liberties enumerated in the Bill of Rights. By adopting such a restrictive interpretation of the Privileges or Immunities Clause, the Court restricted the power of both Congress and the federal judiciary to protect citizens from state action. In Bradwell v. Illinois (1873), the Supreme Court ruled that the Privileges or Immunities Clause did not prohibit a state from denying a woman a license to practice law. Speaking for eight of the nine justices, Justice Samuel F.

In Hurtado v. California (1884), the Court rejected the argument that the grand jury procedure required in federal criminal cases by the Fifth Amendment was an essential feature of due process and thus required in state criminal cases by the Fourteenth Amendment. Justice Matthews delivered the opinion of the Court, saying in part: Due process of law [in the Fifth Amendment] refers to that law of the land, which derives its authority from the legislative powers conferred upon Congress by the Constitution of the United States, exercised within the limits therein prescribed, and interpreted according to the principles of the common law.

Later, in Twining v. New Jersey (1908), the Court expanded the list to include the right to travel freely between states, the right to vote in elections for federal offices, the right to have access to public lands, and the right to petition Congress for a redress of grievances. While these rights are by no means unimportant, they pale in comparison to the liberties enumerated in the Bill of Rights. By adopting such a restrictive interpretation of the Privileges or Immunities Clause, the Court restricted the power of both Congress and the federal judiciary to protect citizens from state action.

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American Constitutional Law, Volume II: Civil Rights and Liberties by Jr. Otis H.(Otis H. Stephens Jr.) Stephens, II John M. Scheb


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