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| strict construction constitution: Handbook for We the People Bobby Hilliard, 2016-04-12 This book teaches what most other books on this subject fail to teach. A strict construction understanding of the Constitution is eye-opening. It is not common knowledge, but should be. Most of what has been taught and promoted in the past is contrary to the founders' intentions. This approach uses only original source documents in order to get the most authoritative meanings in the Constitution as the founders intended. |
| strict construction constitution: Construction Construed, and Constitutions Vindicated John Taylor, 1820 |
| strict construction constitution: A Matter of Interpretation Antonin Scalia, 2018-01-30 We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim—“distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal—good law. But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative. In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the “strict constructionism” that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly “smuggle” in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals. This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia’s ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics. Featuring a new foreword that discusses Scalia’s impact, jurisprudence, and legacy, this witty and trenchant exchange illuminates the brilliance of one of the most influential legal minds of our time. |
| strict construction constitution: The Living Constitution David A. Strauss, 2010-05-19 Supreme Court Justice Antonin Scalia once remarked that the theory of an evolving, living Constitution effectively rendered the Constitution useless. He wanted a dead Constitution, he joked, arguing it must be interpreted as the framers originally understood it. In The Living Constitution, leading constitutional scholar David Strauss forcefully argues against the claims of Scalia, Clarence Thomas, Robert Bork, and other originalists, explaining in clear, jargon-free English how the Constitution can sensibly evolve, without falling into the anything-goes flexibility caricatured by opponents. The living Constitution is not an out-of-touch liberal theory, Strauss further shows, but a mainstream tradition of American jurisprudence--a common-law approach to the Constitution, rooted in the written document but also based on precedent. Each generation has contributed precedents that guide and confine judicial rulings, yet allow us to meet the demands of today, not force us to follow the commands of the long-dead Founders. Strauss explores how judicial decisions adapted the Constitution's text (and contradicted original intent) to produce some of our most profound accomplishments: the end of racial segregation, the expansion of women's rights, and the freedom of speech. By contrast, originalism suffers from fatal flaws: the impossibility of truly divining original intent, the difficulty of adapting eighteenth-century understandings to the modern world, and the pointlessness of chaining ourselves to decisions made centuries ago. David Strauss is one of our leading authorities on Constitutional law--one with practical knowledge as well, having served as Assistant Solicitor General of the United States and argued eighteen cases before the United States Supreme Court. Now he offers a profound new understanding of how the Constitution can remain vital to life in the twenty-first century. |
| strict construction constitution: Constitutional Construction Keith E. Whittington, William Nelson Cromwell Professor of Politics and the Director of Graduate Studies in the Department of Politics Keith E Whittington, 2009-06-01 This book argues that the Constitution has a dual nature. The first aspect, on which legal scholars have focused, is the degree to which the Constitution acts as a binding set of rules that can be neutrally interpreted and externally enforced by the courts against government actors. This is the process of constitutional interpretation. But according to Keith Whittington, the Constitution also permeates politics itself, to guide and constrain political actors in the very process of making public policy. In so doing, it is also dependent on political actors, both to formulate authoritative constitutional requirements and to enforce those fundamental settlements in the future. Whittington characterizes this process, by which constitutional meaning is shaped within politics at the same time that politics is shaped by the Constitution, as one of construction as opposed to interpretation. Whittington goes on to argue that ambiguities in the constitutional text and changes in the political situation push political actors to construct their own constitutional understanding. The construction of constitutional meaning is a necessary part of the political process and a regular part of our nation's history, how a democracy lives with a written constitution. The Constitution both binds and empowers government officials. Whittington develops his argument through intensive analysis of four important cases: the impeachments of Justice Samuel Chase and President Andrew Johnson, the nullification crisis, and reforms of presidential-congressional relations during the Nixon presidency. |
| strict construction constitution: The Writings of Thomas Jefferson Thomas Jefferson, 1903 |
| strict construction constitution: Reading Law Antonin Scalia, Bryan A. Garner, 2012 In this groundbreaking book, Scalia and Garner systematically explain all the most important principles of constitutional, statutory, and contractual interpretation in an engaging and informative style with hundreds of illustrations from actual cases. Is a burrito a sandwich? Is a corporation entitled to personal privacy? If you trade a gun for drugs, are you using a gun in a drug transaction? The authors grapple with these and dozens of equally curious questions while explaining the most principled, lucid, and reliable techniques for deriving meaning from authoritative texts. Meanwhile, the book takes up some of the most controversial issues in modern jurisprudence. What, exactly, is textualism? Why is strict construction a bad thing? What is the true doctrine of originalism? And which is more important: the spirit of the law, or the letter? The authors write with a well-argued point of view that is definitive yet nuanced, straightforward yet sophisticated. |
| strict construction constitution: Democracy and Distrust John Hart Ely, 1981-08-15 This powerfully argued appraisal of judicial review may change the face of American law. Written for layman and scholar alike, the book addresses one of the most important issues facing Americans today: within what guidelines shall the Supreme Court apply the strictures of the Constitution to the complexities of modern life? |
| strict construction constitution: The Conservative Assault on the Constitution Erwin Chemerinsky, 2010-09-28 Over the last few decades, the Supreme Court and the federal appellate courts have undergone a dramatic shift to the right, the result of a determined effort by right-wing lawmakers and presidents to reinterpret the Constitution by reshaping the judiciary. Conservative activist justices have narrowed the scope of the Constitution, denying its protections to millions of Americans, exactly as the lawmakers who appointed and confirmed these jurists intended. Basic long-standing principles of constitutional law have been overturned by the Rehnquist and Roberts courts. As distinguished law professor and constitutional expert Erwin Chemerinsky demonstrates in this invaluable book, these changes affect the lives of every American. As a result of political pressure from conservatives and a series of Supreme Court decisions, our public schools are increasingly separate and unequal, to the great disadvantage of poor and minority students. Right-wing politicians and justices are dismantling the wall separating church and state, allowing ever greater government support for religion. With the blessing of the Supreme Court, absurdly harsh sentences are being handed down to criminal defendants, such as life sentences for shoplifting and other petty offenses. Even in death penalty cases, defendants are being denied the right to competent counsel at trial, and as a result innocent people have been convicted and sentenced to death. Right-wing politicians complain that government is too big and intrusive while at the same time they are only too happy to insert the government into the most intimate aspects of the private lives of citizens when doing so conforms to conservative morality. Conservative activist judges say that the Constitution gives people an inherent right to own firearms but not to make their own medical decisions. In some states it is easier to buy an assault rifle than to obtain an abortion. Nowhere has the conservative assault on the Constitution been more visible or more successful than in redefining the role of the president. From Richard Nixon to George W. Bush, conservatives have sought to significantly increase presidential power. The result in recent years has been unprecedented abuses, including indefinite detentions, illegal surveillance, and torture of innocent people. Finally, access to the courts is being restricted by new rulings that deny legal protections to ordinary Americans. Fewer lawsuits alleging discrimination in employment are heard; fewer people are able to sue corporations or governments for injuries they have suffered; and even when these cases do go to trial, new restrictions limit damages that plaintiffs can collect. The first step in reclaiming the protections of the Constitution, says Chemerinsky, is to recognize that right-wing justices are imposing their personal prejudices, not making neutral decisions about the scope of the Constitution, as they claim, or following the original meaning of the Constitution. Only then do we stand a chance of reclaiming our constitutional liberties from a rigid ideological campaign that has transformed our courts and our laws. Only then can we return to a constitutional law that advances freedom and equality. |
| strict construction constitution: Lecture on the Implied Powers of the Constitution George Ticknor Curtis, 1885 |
| strict construction constitution: The Federalist Papers Alexander Hamilton, John Jay, James Madison, 2018-08-20 Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States. |
| strict construction constitution: A Practical Guide to Constitution Building Winluck Wahiu, Markus Böckenförde, Nora Hedling, 2011 A Practical Guide to Constitution Building provides an essential foundation for understanding constitutions and constitution building. Full of world examples of ground-breaking agreements and innovative provisions adopted during processes of constitutional change, the Guide offers a wide range of examples of how constitutions develop and how their development can establish and entrench democratic values. Beyond comparative examples, the Guide contains in-depth analysis of key components of constitutions and the forces of change that shape them. The Guide analyzes the adoption of the substantive elements of a new constitution by looking at forces for the aggregation or dissemination of governmental power, and forces for greater legalization or politicization of governmental power, and examining how these forces influence the content of the constitution. It urges practitioners to look carefully at the forces at play within their individual contexts in order to better understand constitutional dynamics and play a role in shaping a constitution that will put into place a functioning democratic government and foster lasting peace.-- |
| strict construction constitution: The Invisible Constitution in Comparative Perspective Rosalind Dixon, Adrienne Stone, 2018-11-08 Constitutions worldwide inevitably have 'invisible' features: they have silences and lacunae, unwritten or conventional underpinnings, and social and political dimensions not apparent to certain observers. The Invisible Constitution in Comparative Perspective helps us understand these dimensions to contemporary constitutions, and their role in the interpretation, legitimacy and stability of different constitutional systems. This volume provides a nuanced theoretical discussion of the idea of 'invisibility' in a constitutional context, and its relationship to more traditional understandings of written versus unwritten constitutionalism. Containing a rich array of case studies, including discussions of constitutional practice in Australia, Canada, China, Germany, Hong Kong, Israel, Italy, Indonesia, Ireland and Malaysia, this book will look at how this aspect of 'invisible constitutions' is manifested across different jurisdictions. |
| strict construction constitution: The Strategic Constitution Robert Cooter, 2002-04-07 Making, amending, and interpreting constitutions is a political game that can yield widespread suffering or secure a nation's liberty and prosperity. Given these high stakes, Robert Cooter argues that constitutional theory should trouble itself less with literary analysis and arguments over founders' intentions and focus much more on the real-world consequences of various constitutional provisions and choices. Pooling the best available theories from economics and political science, particularly those developed from game theory, Cooter's economic analysis of constitutions fundamentally recasts a field of growing interest and dramatic international importance. By uncovering the constitutional incentives that influence citizens, politicians, administrators, and judges, Cooter exposes fault lines in alternative forms of democracy: unitary versus federal states, deep administration versus many elections, parliamentary versus presidential systems, unicameral versus bicameral legislatures, common versus civil law, and liberty versus equality rights. Cooter applies an efficiency test to these alternatives, asking how far they satisfy the preferences of citizens for laws and public goods. To answer Cooter contrasts two types of democracy, which he defines as competitive government. The center of the political spectrum defeats the extremes in median democracy, whereas representatives of all the citizens bargain over laws and public goods in bargain democracy. Bargaining can realize all the gains from political trades, or bargaining can collapse into an unstable contest of redistribution. States plagued by instability and contests over redistribution should move towards median democracy by increasing transaction costs and reducing the power of the extremes. Specifically, promoting median versus bargain democracy involves promoting winner-take-all elections versus proportional representation, two parties versus multiple parties, referenda versus representative democracy, and special governments versus comprehensive governments. This innovative theory will have ramifications felt across national and disciplinary borders, and will be debated by a large audience, including the growing pool of economists interested in how law and politics shape economic policy, political scientists using game theory or specializing in constitutional law, and academic lawyers. The approach will also garner attention from students of political science, law, and economics, as well as policy makers working in and with new democracies where constitutions are being written and refined. |
| strict construction constitution: Proceedings of the American Political Science Association American Political Science Association. Meeting, 1912 Contains addresses, papers, and reports of business conducted at meetings of the Association. |
| strict construction constitution: A Dictionary of Modern Legal Usage Bryan A. Garner, 2001 A comprehensive guide to legal style and usage, with practical advice on how to write clear, jargon-free legal prose. Includes style tips as well as definitions. |
| strict construction constitution: Constitutional History of the United States from Their Declaration of Independence to the Close of Their Civil War George Ticknor Curtis, 1896 |
| strict construction constitution: The Lost History of the Ninth Amendment Kurt T. Lash, 2009-03-27 The Ninth Amendment has had a remarkably robust history, playing a role in almost every significant constitutional debate in American history, including the controversy over the Alien and Sedition Acts, the struggle over slavery, and the constitutionality of the New Deal. Until very recently, however, this history has been almost completely lost due to a combination of historical accident, mistaken assumptions, and misplaced historical documents. Drawing upon a wide range of primary sources, most never before included in any book on the Ninth Amendment or the Bill of Rights, Kurt T. Lash recovers the lost history of the Ninth Amendment and explores how its original understanding can be applied to protect the people's retained rights today. The most important aspect of The Lost History of the Ninth Amendment is its presentation of newly uncovered historical evidence which calls into question the currently presumed meaning and application of the Ninth Amendment. The evidence not only challenges the traditional view regarding the original meaning of the Ninth Amendment, it also falsifies the common assumption that the Amendment lay dormant prior to the Supreme Court's discovery of the clause in Griswold v. Connecticut. As a history of the Ninth Amendment, the book recapitulates the history of federalism in America and the idea that local self-government is a right retained by the people. This issue has particular contemporary salience as the Supreme Court considers whether states have the right to authorize medicinal use of marijuana, refuse to assist the enforcement of national laws like the Patriot Act, or regulate physician-assisted suicide. The meaning of the Ninth Amendment has played a key role in past Senate confirmation hearings for Supreme Court justices and the current divide on the Court regarding the meaning of the Ninth Amendment makes it likely the subject will come up again during the next set of hearings. |
| strict construction constitution: The Protectionist , 1913 A monthly magazine of political science and industrial progress. |
| strict construction constitution: Interpreting Constitutions Jeffrey Denys Goldsworthy, 2006-02-09 This book describes the constitutions of six major federations and how they have been interpreted by their highest courts, compares the interpretive methods and underlying principles that have guided the courts, and explores the reasons for major differences between these methods and principles. Among the interpretive methods discussed are textualism, purposivism, structuralism and originalism. Each of the six federations is the subject of a separate chapter written by a leading authority in the field: Jeffrey Goldsworthy (Australia), Peter Hogg (Canada), Donald Kommers (Germany), S.P. Sathe (India), Heinz Klug (South Africa), and Mark Tushnet (United States). Each chapter describes not only the interpretive methodology currently used by the courts, but the evolution of that methodology since the constitution was first enacted. The book also includes a concluding chapter which compares these methodologies, and attempts to explain variations by reference to different social, historical, institutional and political circumstances. |
| strict construction constitution: Restoring the Lost Constitution Randy E. Barnett, 2013-11-24 The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost. Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a presumption of liberty to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people. As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases. |
| strict construction constitution: A Matter of Interpretation Elizabeth Mac Donald, 2021-06 It's 13th-century Europe and a young monk, Michael Scot, has been asked by the Holy Roman Emperor to translate the works of Aristotle and recover his lost knowledge. The Scot sets to his task, traveling from the Emperor's Italian court to the translation schools of Toledo and from there to the Moorish library of Córdoba. But when the Pope deems the translations heretical, the Scot refuses to desist. So begins a battle for power between Church and State--one that has shaped how we view the world today. |
| strict construction constitution: Views of American Constitutional Law William Goodell, 1845 |
| strict construction constitution: Weekly Compilation of Presidential Documents , 1970 |
| strict construction constitution: Freedom of Expression in the Marketplace of Ideas Douglas M. Fraleigh, Joseph S. Tuman, 2010-05-19 A comprehensive guide to effective participation in the public debate about our most indispensable right: freedom of expression Encouraging readers to think critically about freedom of speech and expression and the diverse critical perspectives that challenge the existing state of the law, this text provides a comprehensive analysis of the historical and legal contexts of the First Amendment, from its early foundations all the way to censorship on the Internet. Throughout the book, authors Douglas M. Fraleigh and Joseph S. Tuman use the Marketplace of Ideas metaphor to help readers visualize a world where the exchange of ideas is relatively unrestrained and self-monitored. The text provides students with the opportunity to read significant excerpts of landmark decisions and to think critically about the issues and controversies raised in these cases. Students will appreciate the treatment of contemporary issues, including free speech in a post-9/11 world, free expression in cyberspace, and First Amendment rights on college campuses. Features: Demystifies free speech law, encouraging readers to grapple with the complexities of significant ethical and legal issues Sparks student interest in big picture issues while simultaneously covering important foundational material, including incitement, fighting words, true threats, obscenity, indecency, child pornography, hate speech, time place and manner restrictions, symbolic expression, restrictions on the Internet, and terrorism. Includes significant excerpts from landmark freedom of expression cases, including concurring or dissenting opinions where applicable, to help students become active learners of free expression rights Offers critical analysis and alternative perspectives on free expression doctrines to demonstrate that existing doctrine is not necessarily ideal or immutable Includes a global perspective on free expression including a chapter on international and comparative perspectives that helps students see how the values of different cultures influence judicial decisions |
| strict construction constitution: Congressional Record United States. Congress, 1970 The Congressional Record is the official record of the proceedings and debates of the United States Congress. It is published daily when Congress is in session. The Congressional Record began publication in 1873. Debates for sessions prior to 1873 are recorded in The Debates and Proceedings in the Congress of the United States (1789-1824), the Register of Debates in Congress (1824-1837), and the Congressional Globe (1833-1873) |
| strict construction constitution: Public Papers of the Presidents of the United States United States. President, 1971 Containing the public messages, speeches, and statements of the President, 1956-1992. |
| strict construction constitution: The Struggle between President Johnson and Congress over Reconstruction Charles Ernest Chadsey, 2018-09-20 Reproduction of the original: The Struggle between President Johnson and Congress over Reconstruction by Charles Ernest Chadsey |
| strict construction constitution: Abraham Lincoln’s Statesmanship and the Limits of Liberal Democracy Jon D. Schaff, 2019-07-26 This bold, groundbreaking study of American political development assesses the presidency of Abraham Lincoln through the lenses of governmental power, economic policy, expansion of executive power, and natural rights to show how Lincoln not only believed in the limitations of presidential power but also dedicated his presidency to restraining the scope and range of it. Though Lincoln’s presidency is inextricably linked to the Civil War, and he is best known for his defense of the Union and executive wartime leadership, Lincoln believed that Congress should be at the helm of public policy making. Likewise, Lincoln may have embraced limited government in vague terms, but he strongly supported effective rule of law and distribution of income and wealth. Placing the Lincoln presidency within a deeper and more meaningful historical context, Abraham Lincoln’s Statesmanship and the Limits of Liberal Democracy highlights Lincoln’s significance in the development of American power institutions and social movement politics. Using Lincoln’s prepresidential and presidential words and actions, this book argues that decent government demands a balance of competing goods and the strong statesmanship that Lincoln exemplified. Instead of relying too heavily on the will of the people and institutional solutions to help prevent tyranny, Jon D. Schaff proposes that American democracy would be better served by a moderate and prudential statesmanship such as Lincoln’s, which would help limit democratic excesses. Schaff explains how Lincoln’s views on prudence, moderation, natural rights, and economics contain the notion of limits, then views Lincoln’s political and presidential leadership through the same lens. He compares Lincoln’s views on governmental powers with the defense of unlimited government by twentieth-century progressives and shows how Lincoln’s theory of labor anticipated twentieth-century distributist economic thought. Schaff’s unique exploration falls squarely between historians who consider Lincoln a protoprogressive and those who say his presidency was a harbinger of industrialized, corporatized America. In analyzing Lincoln’s approach, Abraham Lincoln’s Statesmanship and the Limits of Liberal Democracy rejects the idea he was a revolutionary statesman and instead lifts up Lincoln’s own affinity for limited presidential power, making the case for a modest approach to presidential power today based on this understanding of Lincoln’s statesmanship. As a counterpoint to the contemporary landscape of bitter, uncivil politics, Schaff points to Lincoln’s statesmanship as a model for better ways of engaging in politics in a democracy. |
| strict construction constitution: An Introduction to the Study of the Law of the Constitution A.V. Dicey, 1985-09-30 A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions. |
| strict construction constitution: View of American constitutional law, and its bearing upon American slavery ... Second edition: revised, with additions William GOODELL (Reformer.), 1845 |
| strict construction constitution: Extracts from the Report of His Majesty's Commissioners for Inquiring Into the Administration and Practical Operation of the Poor Laws American and Foreign Sabbath Union, Boston (Mass.). Benevolent Societies, George B. Arnold, Great Britain. Poor Law Commissioners, Walter Channing, 1843 |
| strict construction constitution: Virginia and State Rights, 1750-1861 Charles Pinnegar, 2009-08-11 While most historical studies merely scratch the surface of antebellum state rights and treat the doctrine as just one of many differences between the North and South, this book focuses exclusively on state rights from colonial to Civil War times. It looks particularly at Virginia, examining how the concept of state rights became the backbone of the Old Dominion's understanding of the Union for at least seven decades. Part One looks at Virginia's ideological attitudes toward state rights, revealing how and why state rights Antifederalists recoiled from the expansive tendencies of central government power during the Constitutional debate and the Virginia ratification convention. Part Two examines the methodologies employed to maintain the currency of state rights in the face of nationalist threats to a southern interpretation of liberty by examining documents and essays by luminaries such as James Madison, Thomas Jefferson, Spencer Roane, Abel Upshur, and Littleton Tazewell. |
| strict construction constitution: Federal Preemption of State and Local Law James T. O'Reilly, 2006 Preemption is a doctrine of American constitutional law, under which states and local governments are deprived of their power to act in a given area, whether or not the state or local law, rule or action is in direct conflict with federal law. This book covers not only the basics of preemption but also focuses on such topics as federal mechanisms for agency preemption, implied forms of preemption, and defensive use of federal preemption in civil litigation. |
| strict construction constitution: Jeffersonians in Power Joanne B. Freeman, Johann N. Neem, 2019-09-18 In the 1790s, the Jeffersonian Republicans were the party of no. They opposed attempts to expand the government’s role in society, criticized the Washington administration’s national bank, railed against a standing army, and bemoaned the spirit of the Federalist regime, which, they claimed, favored elite over ordinary Americans. Accordingly, Thomas Jefferson asserted that his election as President in 1801 was a revolution: with Jeffersonians in power, the government could be stripped down in size and strength. But there was a paradox at the heart of this image. Maintaining the security, stability, and prosperity of the republic required aggressive statecraft, and as a result, Jeffersonians deployed state power to reduce taxes and the debt, enforce a shipping embargo, go to war, and ultimately to support a national bank during Madison’s administration. This book explores the logic and logistics of Jeffersonian statesmanship. Focusing on Jeffersonian Republican statecraft in action, Jeffersonians in Power maps the meeting place of ideology and policy as Jeffersonians shifted from being an oppositional party to exercising power as the ruling coalition. Contributors: Andrew Burstein, Louisiana State University * Benjamin L. Carp, Brooklyn College of the City University of New York * Christa Dierksheide, University of Missouri * Kevin R. C. Gutzman, Western Connecticut State University * James E. Lewis Jr., Kalamazoo College * Martin Öhman, Gothenburg University * Robert G. Parkinson, Binghamton University * John A. Ragosta, Robert H. Smith International Center for Jefferson Studies at Monticello * Leonard J. Sadosky III * Richard Samuelson, California State University, San Bernardino * Brian Schoen, Ohio University * Mark Smith, John Burroughs School, St. Louis * Andrew Trees, Roosevelt University |
| strict construction constitution: Judges Oagile Bethuel Key Dingake, 2020-03-17 This book discusses the work of judges, highlighting judicial values that are essential for earning and retaining public confidence in the judiciary. These values include independence, impartiality, integrity, propriety, equality, competence and diligence. These core values, commonly referred to as ‘Bangalore Principles of Judicial Conduct’ were agreed upon by the Judicial Integrity Group in Bangalore, India, in February 2001. In 2003, the United Nations Human Rights Commission (UNHRC) endorsed the above principles, considered amongst common and civil law jurisdictions as the authoritative statement on the values that should inform judicial conduct. Judges must be independent and impartial. Independence means a judge should not take any instructions from anyone or be influenced in any way in determining any matter by anyone. Impartiality means that a judge should treat the parties before him equally, providing them with equal opportunity to say their side of the story. He should have no personal interest in the outcome of the case. Every judge is a product of his time. It is through this prism that his objectivity must be assessed and critiqued. The purpose of objectivity is to be dispassionate. This objectivity is not always easy, but it is attainable. Similarly, the primary function of a judge is to dispense justice. It has always been a revered principle of liberty and freedom that judges are no respecters of persons but the Law, ever vigilant to ensure that any governmental action is justified. Today’s judge is required to give effect to the values of a pluralistic society that cherishes democracy, human rights, tolerance and diversity. This book exemplifies these values. |
| strict construction constitution: Thoughts That Burned Steve Gowler, 2025-04-15 In Thoughts That Burned, Steve Gowler showcases the life of William Goodell, one of the most significant leaders of the antebellum antislavery movement. Between 1826 and 1864, Goodell edited more than a dozen reform newspapers and played a leading role in the formation of several organizations, including the American Anti-slavery Society, the Liberty Party, the American Missionary Association, and the Radical Abolition Party. His 1852 book Slavery and Anti-slavery was the first comprehensive history of the antislavery movement written by an American. Convinced that the logic of slavery needed to be investigated and laid bare, Goodell explored the institution's deep structures. Whereas many abolitionists based their arguments on the inhumane consequences of enslavement, Goodell analyzed the legal and psychological relations constituting the slave system. At the heart of this analysis was his close reading of Southern slave codes and of the United States Constitution. He argued that the Constitution, properly understood, is incompatible with slavery and should be used as an instrument of emancipation. Among those influenced by his constitutional hermeneutic was Frederick Douglass, who described Goodell as the man to whom the cause of liberty in America is as much indebted as to any other one American citizen. Thoughts That Burned is the first comprehensive biography of this extraordinary thinker, whose powerful political and theological arguments grounded abolition within the concept of human rights. |
| strict construction constitution: Dilemmas of Presidential Leadership Richard Ellis, Aaron B. Wildavsky, 1989-01-01 Dilemmas of Presidential Leadership challenges the widely accepted distinction between traditional and modern presidencies, a dichotomy by which political science has justified excluding from its domain of inquiry all presidents preceding Franklin Roosevelt. Rather than divide history into two mutually exclusive eras, Richard Ellis and Aaron Wildavsky divide the world into three sorts of people-egalitarians, individualists and hierarchs. All presidents, the authors contend, must manage the competition between these rival political cultures. It is this commonality which lays the basis for comparing presidents across time. To summarize and simplify, the book addresses two general categories of presidencies. The first is the president with a blend of egalitarian and individualist cultural propensities. Spawned by the American revolution, this anti-authoritarian cultural alliance dominated American politics until it was torn asunder by what Charles Beard has called the second American revolution, the Civil War. The Jeffersonian and Jacksonian presidents labored, with varying degrees of success, to square the exercise of authority with their own and their followers' ami-: authoritarian principles. They also were faced with intraparly conflicts that periodically flared up between egalitarian and individualist followers. The president with hierarchical cultural propensities faced different problems. While the precise contours of the dilemma varied, all straggled in one way or another to reconcile their own and their party's preferences with the anti-hierarchical ethos that inhered in the society and the polity. Hierarchical presidents like Washington and Adams were hamstrung by this dilemma, as were Whig leaders like Henry Clay and Daniel Webster who aspired to the presidency but never achieved it. .Abraham Lincoln's greatness resided in part in his ability to resolve the hierarch's dilemma. He operated in wartime when he could invoke the commander-in-chief clause, and he created a new cultural combination in which hierarchy was subordinated to individualism. This, suggest the authors, was a key to his greatness. The unique dimension of this volume is its use of cultural theory to explain presidential behavior. It also differs from other books in that, it deals with pre-modern presidents who are too often treated as only of antiquarian interest in mainstream political science literature on the presidency. The analysis lays the groundwork for a new basis for comparison of early presidents with modern presidents. |
| strict construction constitution: The Memory of '76 Michael D. Hattem, 2024-07-23 The surprising history of how Americans have fought over the meaning and legacy of the Revolution for nearly two and a half centuries Americans agree that their nation's origins lie in the Revolution, but they have never agreed on what the Revolution meant. For nearly two hundred and fifty years, politicians, political parties, social movements, and a diverse array of ordinary Americans have constantly reimagined the Revolution to fit the times and suit their own agendas. In this sweeping take on American history, Michael D. Hattem reveals how conflicts over the meaning and legacy of the Revolution--including the Declaration of Independence and the Constitution--have influenced the most important events and tumultuous periods in the nation's history; how African Americans, women, and other oppressed groups have shaped the popular memory of the Revolution; and how much of our contemporary memory of the Revolution is a product of the Cold War. By exploring the Revolution's unique role in American history as a national origin myth, Hattem shows how the meaning of the Revolution has never been fixed, how remembering the nation's founding has often done far more to divide Americans than to unite them, and how revising the past is an important and long‑standing American political tradition. |
| strict construction constitution: The Classical Liberal Constitution Richard A. Epstein, 2014-01-06 Steering clear of debates over originalism vs. a living Constitution, Richard A. Epstein employs close reading, historical analysis, and political and economic theory to urge a return to federalism, restricted government, separation of powers, and strong protection of individual rights--ideas that animated the framers' constitutional design. |
STRICT Definition & Meaning - Merriam-Webster
The meaning of STRICT is stringent in requirement or control. How to use strict in a sentence. Synonym Discussion of Strict.
STRICT | English meaning - Cambridge Dictionary
STRICT definition: 1. strongly limiting someone's freedom to behave as they wish, or likely to severely punish someone…. Learn more.
761 Synonyms & Antonyms for STRICT - Thesaurus.com
Find 761 different ways to say STRICT, along with antonyms, related words, and example sentences at Thesaurus.com.
STRICT definition and meaning | Collins English Dictionary
A strict rule or order is very clear and precise or severe and must always be obeyed completely. The officials had issued strict instructions that we were not to get out of the jeep. French …
strict adjective - Definition, pictures, pronunciation and ...
Definition of strict adjective in Oxford Advanced Learner's Dictionary. Meaning, pronunciation, picture, example sentences, grammar, usage notes, synonyms and more.
Strict - definition of strict by The Free Dictionary
1. adhering closely to specified rules, ordinances, etc: a strict faith. 2. complied with or enforced stringently; rigorous: a strict code of conduct. 3. severely correct in attention to rules of …
What does Strict mean? - Definitions.net
What does Strict mean? This dictionary definitions page includes all the possible meanings, example usage and translations of the word Strict. Strained; drawn close; tight. Tense; not …
STRICT Definition & Meaning - Merriam-Webster
The meaning of STRICT is stringent in requirement or control. How to use strict in a sentence. Synonym …
STRICT | English meaning - Cambridge Dictionary
STRICT definition: 1. strongly limiting someone's freedom to behave as they wish, or likely to severely punish …
761 Synonyms & Antonyms for STRICT - Thesaurus.com
Find 761 different ways to say STRICT, along with antonyms, related words, and example sentences at …
STRICT definition and meaning | Collins English Dict…
A strict rule or order is very clear and precise or severe and must always be obeyed completely. The officials had …
strict adjective - Definition, pictures, pronunciation and ...
Definition of strict adjective in Oxford Advanced Learner's Dictionary. Meaning, pronunciation, picture, …
