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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... freedom of thought and speech, he said, “should offend a free-spirited society” and is yet constitutional. The Court, he argued, has no constitutional power to give more weight or dignity, to place a higher value, on some rights ...
... freedom of speech or religious freedom. Each specific right or liberty guaranteed by the Constitution must be, said Frankfurter, “equally respected,” and the function of the Court “does not differ in passing on the constitutionality of ...
... freedom of speech, press, assembly, religion, and petition. The Seventh Amendment provides that in civil suits, where the value in controversy exceeds twenty dollars, the right of trial by jury shall be preserved. Are these guarantees ...
... freedom of speech and press, and a substantial measure of religious liberty. As early as 1639 the General Assembly ... free customs ... as any naturall born subject of England hath or ought to have or enjoy.18 In 1641 Nathaniel Ward ...
... free governments; and which have, at all times, been enjoyed by the citizens of the several States which compose ... freedom of speech and press. One reason for the omission is that he was deciding a case in 1823, more than a century ...
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 |