Fundamental Rights: History of a Constitutional DoctrineTransaction Publishers, 31.12.2011 - 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 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. |
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... privilege against self-incrimination, freedom of speech and press, and a substantial measure of religious liberty. As ... immunities privileges and free customs . . . as any naturall born subject of England hath or ought to have or enjoy ...
... privilege against self-incrimination, freedom of speech and press, and a substantial measure of religious liberty. As ... immunities privileges and free customs . . . as any naturall born subject of England hath or ought to have or enjoy ...
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... Privileges and Immunities Clause that provides that "[the] citizens of each State shall be entitled to all the privileges and immunities of citizens in the several States." "The inquiry is," wrote Justice Washington, what are the ...
... Privileges and Immunities Clause that provides that "[the] citizens of each State shall be entitled to all the privileges and immunities of citizens in the several States." "The inquiry is," wrote Justice Washington, what are the ...
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History of a Constitutional Doctrine Milton R Konvitz. what are the privileges and immunities of citizens in the several States? We feel no hesitation in confining these expressions to those privileges and immunities which are, in their ...
History of a Constitutional Doctrine Milton R Konvitz. what are the privileges and immunities of citizens in the several States? We feel no hesitation in confining these expressions to those privileges and immunities which are, in their ...
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... privileges and immunities—as fundamental, it was James Madison who first singled out certain rights as being preeminently important, while certain others, though essential, were not to be thought of as "natural rights." On June 8, 1789 ...
... privileges and immunities—as fundamental, it was James Madison who first singled out certain rights as being preeminently important, while certain others, though essential, were not to be thought of as "natural rights." On June 8, 1789 ...
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Inhalt
1 | |
2 Every Right and Privilege Belonging to a Freeman | 21 |
3 The Bill of Rights | 43 |
4 Where Do We Find Fundamental Rights? | 61 |
5 Are There Two Bills of Rights? | 89 |
6 Liberty Beyond the Bill of Rights | 105 |
7 Fundamental Rights and Judicial Review | 143 |
8 Conclusion | 157 |
Index of Cases | 167 |
Index of Supreme Court Justices | 169 |
Index | 175 |
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 Konvitz Eingeschränkte Leseprobe - 2017 |
Fundamental Rights: History of a Constitutional Doctrine Milton Konvitz Keine Leseprobe verfügbar - 2017 |
Häufige Begriffe und Wortgruppen
abortion abridgment American applicable Bill of Rights Brennan civil rights concurring opinion Congress Connecticut Constitution constitutionality contended conviction Corfield Court held criminal decided defendant dissenting opinion double jeopardy Due Process Clause eight amendments enumerated Federal Government footnote Fourteenth Amendment free government freedom of speech funda fundamental rights Gitlow Griswold Immunities Clause immunities of citizens incorporation doctrine joint opinion judicial review jury trial Justice Black Justice Blackmun Justice Bradley Justice Cardozo Justice Douglas Justice Field Justice Harlan Justice Powell Justice Stewart Justice White legislation Lochner ment Meyer Natural Law opinion of Justice ordered liberty overruled Palko principle privileges and immunities Privileges or Immunities process of law prohibition provision question right of privacy selective incorporation self-incrimination Sixth Amendment Slaughter-House sodomy specific statute strict scrutiny substantive due process Supreme Court teenth Amendment term liberty tion traditions and conscience trial by jury unconstitutional United violation woman’s wrote