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The complete text of dissenting opinions of those who saw the Constitution as a threat are collected in this volume with Convention debates, commentaries, and lists that cross-reference to its companion Signet Classics volume "The Federalist Papers."
In 1958 Mildred Jeter and Richard Loving, two young lovers from Caroline County, Virginia, got married. Soon they were hauled out of their bedroom in the middle of the night and taken to jail. Their crime? Loving was white, Jeter was not, and in Virginia--as in twenty-three other states then--interracial marriage was illegal. Their experience reflected that of countless couples across America since colonial times. And in challenging the laws against their marriage, the Lovings closed the book on that very long chapter in the nation's history. "Race, Sex, and the Freedom to Marry" tells the story of this couple and the case that forever changed the law of race and marriage in America.
The story of the Lovings and the case they took to the Supreme Court involved a community, an extended family, and in particular five main characters--the couple, two young attorneys, and a crusty local judge who twice presided over their case--as well as such key dimensions of political and cultural life as race, gender, religion, law, identity, and family. In "Race, Sex, and the Freedom to Marry," Peter Wallenstein brings these characters and their legal travails to life, and situates them within the wider context--even at the center--of American history. Along the way, he untangles the arbitrary distinctions that long sorted out Americans by racial identity--distinctions that changed over time, varied across space, and could extend the reach of criminal law into the most remote community. In light of the related legal arguments and historical development, moreover, Wallenstein compares interracial and same-sex marriage.
A fair amount is known about the saga of the Lovings and the historic court decision that permitted them to be married and remain free. And some of what is known, Wallenstein tells us, is actually true. A detailed, in-depth account of the case, as compelling for its legal and historical insights as for its human drama, this book at long last clarifies the events and the personalities that reconfigured race, marriage, and law in America.
Public Law covers the essential topics of the public law module in an insightful and interesting way. The book guides students through key themes which help them to understand how the many strands of public law are interlinked. The authors have a real flair for capturing both the vibrant nature of public law in practice and the key contemporary debates in the field. They use practical examples to bring this subject to life and include expert commentaries on each chapter to allow students to see academic debate first-hand. Online Resource Centre This book is accompanied by an Online Resource Centre which includes: - Updates from the authors to help students keep up-to-date with this fast-moving subject - Multiple choice questions with instant feedback to allow students to test themselves - Suggested answers to the many questions posed throughout the book to help students get to grips with the key debates and issues - A library of weblinks and advice on which websites students should use when planning their own research - Online versions of the diagrams featured in the book
Religion and the State in American Law provides a comprehensive and up-to-date overview of religion and government in the United States, from historical origins to modern laws and rulings. In addition to extensive coverage of the religion clauses of the First Amendment, it addresses many statutory, regulatory, and common-law developments at both the federal and state levels. Topics include the history of church-state relations and religious liberty, religion in the classroom, and expressions of religion in government. This book also covers the role of religion in specific areas of law such as contracts, taxation, employment, land use regulation, torts, criminal law, and domestic relations as well as in specialized contexts such as prisons and the military. Accessible to the general as well as the professional reader, this book will be of use to scholars, judges, practising lawyers, and the media.
Between 1822 and 1857, eight Southern states barred the ingress of all free black maritime workers. According to lawmakers, they carried a 'moral contagion' of abolitionism and black autonomy that could be transmitted to local slaves. Those seamen who arrived in Southern ports in violation of the laws faced incarceration, corporal punishment, an incipient form of convict leasing, and even punitive enslavement. The sailors, their captains, abolitionists, and British diplomatic agents protested this treatment. They wrote letters, published tracts, cajoled elected officials, pleaded with Southern officials, and litigated in state and federal courts. By deploying a progressive and sweeping notion of national citizenship - one that guaranteed a number of rights against state regulation - they exposed the ambiguity and potential power of national citizenship as a legal category. Ultimately, the Fourteenth Amendment recognized the robust understanding of citizenship championed by Antebellum free people of color, by people afflicted with 'moral contagion'.
Since 1971, when the Pentagon Papers were leaked to the New York Times and furious debate over First Amendment rights ensued, free-speech cases have emerged in rapid succession. Floyd Abrams has been on the front lines of nearly every one of these major cases, which is also to say that, more than any other person, he has forged this country's legal understanding of free speech. Litigating everything from national-security and prior-restraint issues to controversies concerning the law of libel and attempts by local officials to censor art, Abrams has worked devotedly to protect the First Amendment, the "crown jewel" of America's Constitution. This collection of Abrams's writings gathers speeches, articles, debates, briefs, oral arguments, and testimony from his entire career. The writings illuminate topics of ongoing import: WikiLeaks, the correctness of the Citizens United case, journalist shield laws, and, not least, the responsibilities of the press. An exceptional writer and a brilliant thinker, Abrams offers a unique perspective on the First Amendment and the unparalleled rights it confers.
In its centenary year, this volume is a study of the Representation of the People Act of 1918 which was a landmark in modern British history and the most substantial change ever made in the electoral system. Investigates how it nearly trebled the electorate, extending the franchise to all adult men and giving the vote to women for the first time Examines its effects upon the Conservative, Liberal, and Labour Parties; in the three diverse regions of the West Midlands, Scotland, and Ireland Demonstrates its impact on the house of commons, the national press, and the evolution of the women's franchise from 1918 to full equality with men in 1928
Freedom's Edge takes the reader directly into the heart of the debate over the relationship between religious freedom and LGBT and reproductive rights. The book explains these complex areas of law, and what is at stake in the battle to protect each of these rights. The book argues that religious freedom and sexual freedom share some common elements and that in most contexts it is possible to protect both. Freedom's Edge explains why this is so, and provides a roadmap for finding common ground and maximizing freedoms on both sides. The book will enable anyone with an interest in these issues to understand what the law actually teaches us about religious freedom, sexual freedom, and how they interact. This is important because what is often argued by partisans on both sides distorts the legal and cultural stakes, and diminishes the possibility of compromise.
Conventionally, founding moments are landmark events that break ties with the ancient regime and lay the foundation for the establishment of new constitutional order. They are often depicted as occurring radically, and are best exemplified by revolution. Founding moments shape national law, influence surrounding countries, establish future power structures and reinforce political institutions established by the constitution. This edited collection brings together leading scholars to consider how much we know about the idea of a founding moment. Divided into three main parts, the first part on `theory' explores founding moments as a concept. In approaching the phenomenon in a theoretical way, this part establishes some basic ideas that can lead to a general understanding of what exactly founding moments are. The second part focuses on `history', the chapters take a distinctly historical approach to the idea of a founding moment, whether by closely reconsidering a founding moment in a regime or by engaging in a historical archival research. The third part, on `application', looks at the founding moments of specific states. Many of these are cases which differ from the conventional model of founding moments.
El 14 de agosto del 1994, durante el mandato de Joaquin Balaguer, se modifico la constitucion tras una grave crisis electoral. Se dispuso nuevamente la no reeleccion presidencial, asi como la reduccion de cuatro a solo dos anos el periodo presidencial de Balaguer. Este hecho fue conocido en la historia como el Pacto por la Democracia.
La Constitucion de la Republica de Cuba de 1992 es basicamente la misma de 1976 salvo algunas modificaciones y adiciones, como el capitulo de la extranjeria, del estado de emergencia y la division politica administrativa. En ella se insiste, a pesar de la caida o desmoronamiento del sistema socialista europeo, en la irreversibilidad del caracter socialista del pais.
Primeras constituciones nacionales y declaraciones de independencia.
La Constitucion Politica de la Republica de Chile de 1980 es el texto constitucional actualmente vigente en Chile. Fue aprobada en un plebiscito el 11 de septiembre de 1980. La Constitucion del 1980 establecio un sistema presidencialista de gobierno, creo un consejo de Seguridad Nacional, presidido por el primer mandatario e integrado por los comandantes en jefe de las Fuerzas Armadas, el presidente del Senado y el presidente de la Corte Suprema de Justicia. Dicho plebiscito fue y sigue siendo cuestionado por las irregularidades formales que se dieron durante su celebracion.
La Constitucion de Guaimaro fue el primer texto legal de la historia de la Cuba emancipada. Se trataba de fundar las bases de una nacion. Fue votada el 10 de abril de 1869 por los lideres de la independencia. Este texto conforma un codigo legal y un marco de actuacion juridico desde el que legitimar sus posiciones. Se ocupa de preparar un espacio de poder y legalidad que permita establecer tratados y separar el poder judicial del resto de los poderes.
El 16 de enero de 1992, se firmo en el castillo de Chapultepec (Mexico), el texto completo de los acuerdos entre el gobierno de El Salvador y el Frente Farabundo Marti para la Liberacion Nacional (FMLN) en el que pusieron fin a doce anos de guerra civil en el pais. El cumplimiento de los acuerdos estaba bajo la tutela especial de las Naciones Unidas.
Constitucion vigente de Colombia de 1991 con las reformas de 1993, 1995, 1996, 1997, 1999, 2000, 2001, 2002, 2003, 2004 y 2005.
Primeras constituciones nacionales y declaraciones de independencia.
An up-to-date, all-encompassing, and nonpartisan presentation of questions and answers about the U.S. Constitution and its amendments-an invaluable tool for readers regardless of their political orientation. * Provides thoroughly revised information through the latest term of the U.S. Supreme Court * Presents unique insights and perspective from the author's wide-ranging research and previous publications on the subject * Ideal for students researching specific constitutional topics or engaged in academic competitions regarding the Constitution as well as general readers interested in following and better understanding contemporary political issues
For the first time in 400 years a number of leading common law nations have, fairly simultaneously, embarked on charity law reform leading to an encoding of key definitional matters in charity legislation. This book provides an analysis of international case law developments on the ever growing range of issues now being generated by clashes between human rights, religion and charity law. Kerry O'Halloran identifies and assesses the agenda of 'moral imperatives', such as abortion and gay marriage that delineate the legal interface and considers their significance for those with and those without religious belief. By assessing jurisdictional differences in the law relating to religion/human rights/charity the author provides a picture of the evolving 'culture wars' that now typify and differentiates societies in western nations including the USA, England and Wales, Ireland, Australia, Canada and New Zealand.
In the past two decades,'civil society' has become a central organizing concept in the social sciences. Occupying the middle ground between the state and private life, the civil sphere encompasses everything from associations to protests to church groups to nongovernmental organizations. Interest in the topic exploded with the decline of statism in the 1980s and 1990s, and many of our current debates about politics and social policy are informed by the renewed focus on civil society. Michael Edwards, author of the most authoritative single-authored book on civil society, serves as the editor for The Oxford Handbook of Civil Society. Broadly speaking, the book views the topic through three prisms: as a part of society (voluntary associations), as a kind of society (marked out by certain social norms), and as a space for citizen action and engagement (the public square or sphere). It does not focus solely on the West (a failing of much of the literature to date), but looks at civil society in both the developed and developing worlds. Throughout, it merges theory, practice, and empirical research in innovative ways. In sum, The Oxford Handbook on Civil Society is a definitive work on the topic.
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