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One of the most important modern developments in American constitutional law has been the extension of the Bill of Rights to the states. The most important guarantees of the first eight amendments have been incorporated into the Due Process Clause of the Fourteenth Amendment, along with the doctrine that these are rights that are so "fundamental" that any restriction is subject to judicial "strict scrutiny." The process has nationalized fundamental rights, giving them a preferred dignity and majesty. In this volume, the renowned constitutional scholar, Milton Konvitz, traces the development of fundamental rights from the early days of American jurisprudence through twentieth-century cases involving the right to privacy, racial discrimination, voting rights, censorship, and abortion laws. In Konvitz's astute view, the Bill of Rights in the Constitution of the United States, like the Ten Commandments, places no priority among protected or guaranteed rights. He argues that values, ideals, rights, liberties, and privileges need to be placed in a hierarchical order or scale. The Supreme Court, acting on a case-by-case basis, has slowly and cautiously moved to designate some rights as superior to others. This idea that some rights are of a "fundamental" nature, while others are not, can be traced back to the early days of the nation's government. Konvitz shows that there may be said to be not one, but two or even three bills of rights, one for the Federal government and one for the States. Still another, may be an unwritten but evolving Bill of Rights. The Court has recognized rights or liberties that are in no written constitution, as for example, a right to marry, a right to have a family, a right to choose education of one's children in a private, even a religious, school, rather than a public school. In an illuminating fashion, Konvitz, whose writings have been cited in Supreme Court decisions, traces the controversial and very uneven line of development of such "fundamental rights." This volume is likely the first book on the subject and a pioneering work in the history of American constitutional law. Accessibly written for a general and scholarly audience, it will be of particular interest to political scientists, historians, and constitutional scholars.
This dramatic personal narrative is a unique contribution to understanding past and current events in the Near East. These memoirs of an American Protestant clergyman reveal little known aspects of major events in Asia Minor in the early twentieth century, give valuable insights to their background, and describe pivotal interrelationships with the western world. Those perceptions are woven into the story of the author's protracted genocidal experiences. Dispassionately rendered, Judgment Unto Truth is a call for truth and justice. In the Hamidian massacres of 1895. Jernazian, a five-year orphan, loses two brothers. When all the Armenian Protestant clergy of Cilicia are killed in the Young Turks' "Adana massacre" of 1909, Jernazian answers the call to replenish the vacant pulpits. In 1915, when the "final solution to the Armenian question" is in progress, the author, an interpreter of the Turkish government, is in a unique position to observe the genocidal process. Afterwards, he and his new bride work to rehabilitate destitute survivors. He serves as liaison and advisor during the British and French occupations (1919-21). And during the Kemalist revolution (1921-23), Jernazian loses his remaining family and nearly his own life. Only through a miraculous escape after twenty-one months in a Turkish prison is he reunited with his wife, her mother, a daughter, and a son born three months after his arrest. An unusual blend of religious idealism and pragmatic politics, his memoirs provide a singular emotional experience. As Vahakn Dadrian observes in his Introduction, "This volume is a unique document of historical significanceaThe author presents comments and interpretations which portray him as an acute observer of intricate events." The book will appeal to historians of the period, educators, and professionals with an interest in the use and abuse of state power, and specialists interested in human behavior in extreme conditions.
One of the most important modern developments in American constitutional law has been the extension of the Bill of Rights to the states. The most important guarantees of the first eight amendments have been incorporated into the Due Process Clause of the Fourteenth Amendment, along with the doctrine that these are rights that are so "fundamental" that any restriction is subject to judicial "strict scrutiny." The process has nationalized fundamental rights, giving them a preferred dignity and majesty. In this volume, the renowned constitutional scholar, Milton Konvitz, traces the development of fundamental rights from the early days of American jurisprudence through twentieth-century cases involving the right to privacy, racial discrimination, voting rights, censorship, and abortion laws. In Konvitz's astute view, the Bill of Rights in the Constitution of the United States, like the Ten Commandments, places no priority among protected or guaranteed rights. He argues that values, ideals, rights, liberties, and privileges need to be placed in a hierarchical order or scale. The Supreme Court, acting on a case-by-case basis, has slowly and cautiously moved to designate some rights as superior to others. This idea that some rights are of a "fundamental" nature, while others are not, can be traced back to the early days of the nation's government. Konvitz shows that there may be said to be not one, but two or even three bills of rights, one for the Federal government and one for the States. Still another, may be an unwritten but evolving Bill of Rights. The Court has recognized rights or liberties that are in no written constitution, as for example, a right to marry, a right to have a family, a right to choose education of one's children in a private, even a religious, school, rather than a public school. In an illuminating fashion, Konvitz, whose writings have been cited in Supreme Court decisions, traces the controversial and very uneven line of development of such "fundamental rights." This volume is likely the first book on the subject and a pioneering work in the history of American constitutional law. Accessibly written for a general and scholarly audience, it will be of particular interest to political scientists, historians, and constitutional scholars.
This dramatic personal narrative is a unique contribution to understanding past and current events in the Near East. These memoirs of an American Protestant clergyman reveal little known aspects of major events in Asia Minor in the early twentieth century, give valuable insights to their background, and describe pivotal interrelationships with the western world. Those perceptions are woven into the story of the author's protracted genocidal experiences. Dispassionately rendered, Judgment Unto Truth is a call for truth and justice. In the Hamidian massacres of 1895. Jernazian, a five-year orphan, loses two brothers. When all the Armenian Protestant clergy of Cilicia are killed in the Young Turks' "Adana massacre" of 1909, Jernazian answers the call to replenish the vacant pulpits. In 1915, when the "final solution to the Armenian question" is in progress, the author, an interpreter of the Turkish government, is in a unique position to observe the genocidal process. Afterwards, he and his new bride work to rehabilitate destitute survivors. He serves as liaison and advisor during the British and French occupations (1919-21). And during the Kemalist revolution (1921-23), Jernazian loses his remaining family and nearly his own life. Only through a miraculous escape after twenty-one months in a Turkish prison is he reunited with his wife, her mother, a daughter, and a son born three months after his arrest. An unusual blend of religious idealism and pragmatic politics, his memoirs provide a singular emotional experience. As Vahakn Dadrian observes in his Introduction, "This volume is a unique document of historical significanceaThe author presents comments and interpretations which portray him as an acute observer of intricate events." The book will appeal to historians of the period, educators, and professionals with an interest in the use and abuse of state power, and specialists interested in human behavior in extreme conditions.
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