Fundamental Rights: History of a Constitutional DoctrineRoutledge, 12.07.2017 - 182 Seiten 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 |
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... American constitutional law. There was the “court-packing bill” sent by President Franklin D. Roosevelt to Congress in February 1937, there were the New Deal decisions of the Supreme Court that brought to an end the Lochner era, there ...
... American constitutional law recognizes that, indeed, some rights and liberties enjoy more dignity than others, that some have a higher rank than others and deserve a greater degree of vigilance and protection than do others. I wish to ...
... America's shores insisted on having written, binding charters and covenants that would guarantee them perpetual and unchangeable civil liberties. They insisted on having, in writing, guarantees of the writ of habeas corpus, trial by ...
... American colonies.20 When the colonies had become independent sovereign states, following the Declaration of Independence in 1776, Virginia became the first state to adopt a written constitution and a Declaration of Rights—the latter ...
... American colonies, and even back to the Mayflower Compact of 1620, by which the Pilgrims covenanted to enact only “just and equal laws, Ordinances, Acts, Constitutions, and Offices.”25 Madison, who was mainly responsible for the framing ...
Inhalt
Every Right and Privilege Belonging to a Freeman | |
A Bill of Fundamental Rights | |
Where Do We Find Fundamental Rights? | |
Are There Two Bills of Rights? | |
Liberty Beyond the Bill of Rights | |
Fundamental Rights and Judicial Review | |
Conclusion | |
Index of Cases | |
Index of Supreme Court Justices Index | |
Andere Ausgaben - Alle anzeigen
Fundamental Rights: History of a Constitutional Doctrine Milton Ridvas Konvitz Eingeschränkte Leseprobe - 2001 |
Fundamental Rights: History of a Constitutional Doctrine Milton R Konvitz Eingeschränkte Leseprobe - 2011 |
Fundamental Rights: History of a Constitutional Doctrine Milton Konvitz Keine Leseprobe verfügbar - 2017 |