Fixers and Framers: Reconsidering the Sources and Meaning of the American Founding

2020 ◽  
pp. 1-13
Author(s):  
Max M. Edling
Keyword(s):  
Freedom Of Religion ◽  
Search And Seizure ◽  
Bill Of Rights ◽  
American Founding ◽  
Checks And Balances ◽  
The Third ◽  
The Us ◽  
Single Entry ◽  
Us Constitution ◽  
The Right

In Unruly Americans and the Origins of the Constitution, Woody Holton recounts how he introduces his students to the framing of the US Constitution by playing a game. Dividing the blackboard into three sections, he invites his students to shout out their favorite clauses of the Constitution. Holton enters the clauses in the columns and asks his students to label them. Clauses like freedom of religion and speech, freedom from illegal search and seizure, and the right to bear arms end up in the third column, which the students soon recognize as the Bill of Rights. In the first column are clauses taken over from the Articles of Confederation. The second column, which typically ends up with the single entry of “checks and balances,” is the Constitution without amendments. Students struggle to label the first and second columns correctly. When they finally do, they are struck by the fact that the most popular clauses of the Constitution are not in the original document.

Legal basis of «democracy»

2021 ◽  
Author(s):  
Sergey Polischuk
Keyword(s):  
United States ◽  
The United States ◽  
Bill Of Rights ◽  
Legal Basis ◽  
Founding Fathers ◽  
Political Events ◽  
Capitol Hill ◽  
The Us ◽  
Us Constitution ◽  
Election Results

The article examines the main political events that took place in the United States from the controversial election results to the tragic events on Capitol Hill for Trump supporters, which led to human casualties, finally untied the hands of the Democrats and allowed them to bury all the democratic values that America has taught the whole world since the adoption of the US Constitution and the Bill of Rights by the founding fathers of the state.

Where to limit the freedom of speech? Analysis in the context of the First Amendment to the US Constitution and the fighting words doctrine

2021 ◽  
Vol 37 (2) ◽  
pp. 239-256
Author(s):  
Karolina Palka
Keyword(s):  
United States ◽  
First Amendment ◽  
Free Speech ◽  
Freedom Of Speech ◽  
The United States ◽  
National Socialist ◽  
The Us ◽  
Us Constitution ◽  
Socialist Party Of America ◽  
The Right

This article is about the limits of the right to free speech. The first section provides a brief introduction to this topic, primarily in the context of the First Amendment to the U.S. Constitution. The second section describes the case of Chaplinsky v. New Hampshire, which was fundamental to the topic of this paper because the United States Supreme Court created the so-called "fighting words" doctrine based on it. In the next two sections, two court cases are presented that perfectly demonstrate the limits of the right to free speech in the United States: Snyder v. Phelps and Village of Skokie v. National Socialist Party of America. The fifth part shows the right to freedom of speech in the context of Polish civil, criminal, and constitutional law, as well as acts of international law binding on Poland. The last part is a short summary.

Judicial Review

2016 ◽  
Author(s):  
Michael Schillig
Keyword(s):  
Judicial Review ◽  
Due Process ◽  
Fundamental Rights ◽  
Bank Resolution ◽  
The Us ◽  
Charter Of Fundamental Rights ◽  
Us Constitution ◽  
Takings Clause ◽  
The Right ◽  
The Eu

The exercise of extensive powers by authorities during the recovery and resolution process may interfere with constitutionally protected fundamental rights of stakeholder in a multitude of ways. Particularly relevant are the right to conduct a business and the right to property under the EU Charter of fundamental rights, as well as the takings clause under the US constitution. A balance needs to be struck between the aims and objectives of bank resolution and the rights of investors and the requirements of due process. This is normally achieved through expedited and limited judicial review. This chapter assesses whether and to what extent the respective procedures are in line with constitutional and fundamental rights requirements.

Introduction

2021 ◽  
pp. 1-15
Author(s):  
Max M. Edling
Keyword(s):  
Federal Government ◽  
Socioeconomic Development ◽  
State System ◽  
State Governments ◽  
American Founding ◽  
The Us ◽  
Us Constitution ◽  
American State

In recent years a new Unionist interpretation of the American founding has presented the US Constitution as a compact of union between sovereign states, which allowed them to maintain interstate peace and to act in unison as a single nation vis-à-vis other nations in the international state-system. Such an understanding of the American founding argues that the Constitution created a bisected American state divided into a federal government in charge of international and intraunion affairs and state governments in charge of promoting socioeconomic development and maintaining civic rights. The introduction provides an overview of different interpretations of the founding and of the structure of the book.

scholarly journals The Video Camera Surveillance (Temporary Measures) Act 2011: An Unprecedented Licence to Search

2013 ◽  
Vol 44 (1) ◽  
pp. 221
Author(s):  
Harriet Bush
Keyword(s):  
New Zealand ◽  
Video Surveillance ◽  
Video Camera ◽  
The State ◽  
Search And Seizure ◽  
Court Decisions ◽  
Bill Of Rights ◽  
Ratio Decidendi ◽  
The Right ◽  
Camera Surveillance

This article examines the Video Camera Surveillance (Temporary Measures) Act 2011 which was passed as a result of the Supreme Court's decision in the case Hamed v R. This Act provided that a search was not unlawful simply because video surveillance was used. The article explores the previous court decisions on the lawfulness of police use of covert video surveillance in order to ascertain whether the premise upon which the Act was based, that video surveillance was lawful before Hamed v R, was correct. It then looks at the ratio decidendi of Hamed v R and the potential wider implications of this judgment. Finally, it assesses the state of the law under the Video Camera Surveillance (Temporary Measures) Act and whether this Act limited the right to be free from unreasonable search and seizure which is contained in s 21 of the New Zealand Bill of Rights Act 1990.

Hip Hop as Martial Art

2018 ◽  
Author(s):  
J. Griffith Rollefson
Keyword(s):  
Political Economy ◽  
Hip Hop ◽  
Rap Music ◽  
Physical Violence ◽  
Freedom Of Speech ◽  
Kung Fu ◽  
Martial Art ◽  
The Us ◽  
Us Constitution ◽  
The Right

This chapter examines how hip hop exemplifies the instrumentalization of verbal arsenals, lyrical kung fu, and other rhetorical gestures to “words as weapons.” Indeed, this weaponization of knowledge may be thought of as the very premise of hip hop—of rap music as martial art. While this theorization will help explain hip hop’s enduring polycultural commitment to martial arts, the aim here is a more foundational one—to account for the ways that the trope of physical violence functions in hip hop discourses and performative practices. The chapter employs a political economy framework to argue that this translation from the discursive to the material is a counterhegemonic response to the conflation of the First and Second Amendments of the US Constitution: “the freedom of speech” and “the right to bear arms.” The chapter concludes by explaining why hip hop has proven an unlikely force for nonviolence in the Black Lives Matter moment.

New Global Institutions

2010 ◽  
pp. 178-195
Author(s):  
Robert A. Schultz
Keyword(s):  
Global Economy ◽  
Infinite Regress ◽  
Checks And Balances ◽  
Global Institutions ◽  
The Us ◽  
Public Recognition ◽  
Us Government ◽  
Principles Of Justice ◽  
The Right ◽  
Enforcement Activity

How do we decide which new global institutions should be created to implement the Global Economy Principles of Justice? It would be tempting to create authorities whenever wrongs and injustices need to be prevented or corrected. As I noted in Chapter 8, The Ethical Status of Globalized Institutions, the difficult question is, who oversees that an authority is using its power appropriately? We don’t want to create institutions with unchecked power, yet we don’t want to create any more authorities than absolutely necessary for the implementation of the Global Economy Principles of Justice. For if each new institution requires oversight, we apparently create an infinite regress: We need someone to oversee the oversight, and someone else to oversee whoever is overseeing the oversight, and so on. There are two possible ways to avoid this infinite regress. As I suggested in Chapter 10, public recognition of the existence of a social contract itself lessens the need for oversight and enforcement activity. Most people obey the law even when they are sure a policeman is not watching. The other way to avoid the regress, as I suggested in Chapter 8, was to use the checks and balances system of the branches of the US government. Effectively, each branch has oversight on the others. Three seems to be the right number of branches,1 and executive, judicial, and legislative branches are plausible.

Critical perception by the leaders of the populist party of the US Constitution (turn of the 19th–20th centuries)

2021 ◽  
pp. 341-352
Author(s):  
Ivan V. Smirnov
Keyword(s):  
Founding Fathers ◽  
Domestic Literature ◽  
Corporate Capital ◽  
Basic Law ◽  
Democratic State ◽  
The Us ◽  
Us Constitution ◽  
The Subject ◽  
The Right ◽  
Populist Party

The subject of this research is the criticism by the populist party, which went down in history as one of the most radical farmers’ organizations in North America, of the text of the US Constitution, which for many generations of Americans has been considered the “holy book” of freedom as the standard of building a democratic state. The views of a number of party ideologists on the process of adoption and on the essence of the Basic Law of the American state are considered. This study is the first study in the domestic literature in which, on the basis of archival and published sources, it is shown the reasons for the negative perception by populists of the foundations of a federal structure, which, in their opinion, serves exclusively the interests of corporate capital, from which it is concluded that the US Constitution is not intended to protect human rights, but to reduce them to a minimum through a number of means designed by the “founding fathers” (creation of a strong federal government, indirect elections of senators and the president of the country, irreplaceability of Supreme Court judges, as well as the right to judicial review of laws for compliance with the Constitution, etc.). In the conclusion, the methods proposed by populist ideologues to correct the shortcomings and democratization of the US constitutional order are described in detail.

Epilogue

Quarters ◽  
2019 ◽  
pp. 236-244
Author(s):  
John Gilbert McCurdy
Keyword(s):  
Supreme Court ◽  
Revolutionary War ◽  
Declaration Of Independence ◽  
Us History ◽  
The Third ◽  
Military Geography ◽  
The Us ◽  
Us Supreme Court ◽  
Us Constitution ◽  
Revolutionary America

This chapter concludes the book by asking what effects quartering in Revolutionary America has had on US history. Opposition to quartering appeared in the Declaration of Independence and informed the Third Amendment to the US Constitution, but the Americans also ignored restraints on quartering during the Revolutionary War and have never tested the Third Amendment before the US Supreme Court. However, the ideas of place that appeared between 1754 and 1775 because of quartering have continued to inform American ideas about military geography as well as places like the home, city, and nation.

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