Freedom and the Rule of LawAnthony A. Peacock Rowman & Littlefield, 30 thg 12, 2009 - 302 trang Freedom and the Rule of Law takes a critical look at the historical beginnings of law in the United States, and how that history has influenced current trends regarding law and freedom. Anthony Peacock has compiled articles that examine the relationship between freedom and the rule of law in America. Although this is a theme that has been a perennial one since America's founding, it is also one of particular importance today, and this book explains how history makes this apparent. The rule of law is fundamental to all liberal constitutional regimes whose political orders recognize the equal natural rights of all, and whose purpose is to protect those natural rights in addition to the general welfare. The rule of law was essential to achieving both of these ends and to reconciling them where necessary. But just how free is America today? It was certainly within the contemplation of the Founders that the federal judiciary would have a significant role in interpreting the Constitution, federal laws, and treaties, but it would be difficult to argue that those who framed and ratified the Constitution contemplated a role for the courts, particularly for the United States Supreme Court, of the magnitude they have today. The writers take the reader far back into history to the very roots of American Law by examining the English common law roots that provided the foundation for the rule of law in America. This book explores these phenomena and other recent developments in American freedom through history. |
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II CONSTITUTIONAL INTERPRETATION AND THE RULE OF LAW | 113 |
III WAR NATIONAL SECURITY AND THE RULE OF LAW | 201 |
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Active Liberty administration adopted American antebellum Anti-Federalist Antonin Scalia argued argument Article authority Balkin Bill of Rights Boumediene Breyer Brutus Brutus’s cited citizens claims Clause common law conflict Congress congressional Constitution constitutionalism Convention counties decided decisions declared defined delegated Democracy in America democratic Dewey dissenting early republic election enemy combatants executive federal courts Federalist Federalist Papers first fixed foreign freedom geographic gerrymandering Goodnow habeas Hamdi Hamilton human rights individual rights influence interpretation issues James judges judicial activism judiciary juries jurisdiction jurisprudence Justice Scalia Law Review legislative legislature liberal liberty Madison ment military militia national security natural right office officials opinion original meaning original-meaning originalist political pragmatism president presidential principles protection questions ratification redistricting reflect regulation representation rule of law Second Amendment social social Darwinism specifically statute Supp Supreme Court t]he tion Tocqueville traditional districting treaty United University Press voting York