“Acting Directly on the People”

2019 ◽  
pp. 142-155
Author(s):  
David S. Schwartz
Keyword(s):  
Civil War ◽  
Supreme Court ◽  
Race Relations ◽  
Legal Tender ◽  
Interstate Commerce ◽  
Paper Money ◽  
Legislative Authority ◽  
The People ◽  
The Supreme Court ◽  
History Of

Post–Civil War nationalism meant a partial but significant reversion to prewar constitutionalism, recognizing federal legislative authority over “every foot of American soil” and implementing the antebellum Whig-nationalist economic agenda, but allowing states to retain, or regain control over race relations. The Supreme Court upheld the constitutionality of internal improvements, but declined to embrace implied commerce powers, suggesting instead (as in Gibbons v. Ogden) that the question involved the definition of interstate commerce as an enumerated power. The Court seemed to want to confine McCulloch v. Maryland to taxation, banking, and currency matters. The Legal Tender Cases, which relied on McCulloch to uphold the federal power to issue paper money, were a watershed in the history of implied powers, and were recognized as such at the time by many commentators. Yet the Supreme Court over the ensuing decade and a half seemed unwilling to follow through on McCulloch’s full implications.

Need for a more Democratic Procedure of Amending the Constitution

1916 ◽  
Vol 10 (4) ◽  
pp. 683-688
Author(s):  
Seba Eldridge
Keyword(s):  
Supreme Court ◽  
Due Process ◽  
State Legislatures ◽  
Fourteenth Amendment ◽  
Political Discussion ◽  
Legislative Authority ◽  
The Supreme Court ◽  
History Of ◽  
Electoral Control ◽  
Democratic Procedure

That final legislative authority in this country is lodged in the letter of a constitution that is amended with the greatest difficulty, and with a supreme court which is entirely independent of electoral control has become a commonplace of political discussion.To quote Professor Goodnow: “Acts of congress and of state legislatures are declared to be unconstitutional ‥‥ because they cannot be made to conform to a conception of the organization and powers of government which we have inherited from the eighteenth century;” and Dr. Blaine F. Moore: “If we may judge from the decisions based on the due process clause in the fourteenth amendment and applying to the States, the court has it in its power to make the similar clause in the fifth amendment cover practically all federal legislation dealing with new problems concerning which there are few or no precedents. If the court does make this entirely possible extension of its power, then the legislation dealing with the more recent and pressing questions is under the control of the popularly inaccessible justices of the supreme court.”Both these quotations are from studies published before the adoption of the sixteenth and seventeenth amendments, but they are only a little less true now than then, as an analysis of the history of those amendments will show.

scholarly journals Seamen, Railroad Employees, and Uber Drivers: Applying the Section 1 Exemption in the Federal Arbitration Ace to Rideshare Drivers

2021 ◽  
pp. 525
Author(s):  
Conor Bradley
Keyword(s):  
Supreme Court ◽  
Physical Movement ◽  
Employment Contracts ◽  
Independent Contractors ◽  
Interstate Commerce ◽  
The Supreme Court ◽  
History Of ◽  
Legal Difficulties ◽  
The Relationship

Section 1 of the Federal Arbitration Act (FAA or the Act) exempts “seamen, railroad employees, [and] any other class of workers engaged in foreign or interstate commerce” from arbitration. In 2019, the Supreme Court held in New Prime Inc. v. Oliveira that this provision exempted independent contractors as well as employees. This decision expanded the reach of the section 1 exemption and may affect the relationship between ridesharing companies, such as Uber, and their drivers. Previously, ridesharing companies argued that courts must enforce the arbitration clauses in their employment contracts because their workers were independent contractors and, therefore, section 1 was inapplicable. Since this argument is now prohibited by the holding in New Prime, rideshare drivers have an opportunity to avoid arbitration using the section 1 exemption. But they still face legal difficulties because of the narrow construction of the exemption employed by courts. This Note argues that the current interpretation of the exemption, which focuses on the physical movement of goods across state lines, is incongruent with the text and history of the FAA and that courts should broaden the exemption to include rideshare drivers.

scholarly journals Addressing the Senate’s “Triple-Deficit”: The Senate as Driver of its own Reform

2015 ◽  
Vol 24 (2) ◽  
Author(s):  
Adam Dodek
Keyword(s):  
Public Participation ◽  
Supreme Court ◽  
Public Institutions ◽  
Democratic Deficit ◽  
Democratic Institutions ◽  
The People ◽  
Legal Foundation ◽  
The Supreme Court ◽  
Obvious Reason ◽  
History Of

Instead of arguing for or against a “Triple-E” Senate, I argue that, whatever one’s position on the Senate (short of abolition), the Senate suffers from a “Triple Deficit”: (1) an integrity deficit; (2) a legitimacy deficit; and (3) a democratic deficit. It suffers from an integrity deficit because of the reputation that the Senate has for not being a particular demanding job, and, more importantly, because of recent scandals that are a continuation of a history of scandal which the Senate has never taken concrete steps to address. The Senate suff ers from a legitimacy deficit because of the integrity deficit and because of its history of patronage appointments. Finally, it suffers from a democratic deficit for more than the obvious reason that it is unelected. As the Supreme Court stated in the Quebec Secession Reference, democracy as it has come to be understood in Canada means more than simply respect for majority will: “to be accorded legitimacy, democratic institutions must rest, ultimately, on a legal foundation.  That is, they must allow for the participation of, and accountability to, the people, through public institutions created under the Constitution.  The system must be capable of refl ecting theaspirations of the people.” Rather than allowing for public participation and accountability, the Senate has allowed itself to become isolated from the Canadian people. This sense of isolation has exacerbated the Senate’s democratic deficit and has led Canadians to view it as distant, elitist, andout of touch with the people.

scholarly journals Clerking at the Supreme Court of Canada

1994 ◽  
Vol 33 (1) ◽  
pp. 58 ◽  
Author(s):  
Mitchell McInnes ◽  
Janet Bolton ◽  
Natalie Derzko
Keyword(s):  
Supreme Court ◽  
Coming Of Age ◽  
Supreme Court Of Canada ◽  
Judicial Process ◽  
The People ◽  
The Supreme Court ◽  
History Of ◽  
The Law ◽  
Using Data ◽  
Law Clerks

This article takes an in-depth look at the law clerks and the role they play at the Supreme Court of Canada. Such an examination both informs prospective clerks on the nature of the position and promotes a better general understanding of how the judicial process operates at this level. The authors begin their analysis by looking at the history of the law clerks at the Supreme Court. Although the functions of the clerks have changed little since their introduction in 1968, the clerkship program has evolved with a changing Supreme Court, contributing to the institutions "coming of age." The authors then shift their attention to examining the present clerkship program. The article first reveals the manner in which the clerks are selected by the Court. Using data collected by a questionnaire sent to clerks of the 1991-93 terms, the authors also attempt to convey, in a general way, some sense of the people who have served at the Court in recent years. Next, the major functions performed by the clerks are described. While the clerks do have a great deal of responsibility, the authors dispel much of the criticism directed at United States Supreme Court clerks by stating that the law clerks at the Supreme Court of Canada do not have an improper degree of authority. The authors conclude that the clerking experience benefits both the clerks themselves and the procedures of the Court. As such, the law clerks are an entrenched and indispensable part of the judicial process at the Supreme Court of Canada.

scholarly journals A New Dawn? Statelessness and Assam

2019 ◽  
Vol 7 (1) ◽  
pp. 99-111
Author(s):  
Regina Menachery Paulose
Keyword(s):  
Supreme Court ◽  
Robust Solutions ◽  
Refugee Law ◽  
Supreme Court Of India ◽  
The People ◽  
The Supreme Court ◽  
History Of ◽  
The Government ◽  
International Refugee Law

This article explores the ongoing crisis of statelessness that has been created because of a petition made by the people of Assam, India to update the electoral rolls in the state. As a result of the process, which has been approved by the Supreme Court of India, an estimated 4 million people have become stateless. The government has stated that these 4 million people risk deportation back to Bangladesh. This article will briefly examine the history of the situation that has unfolded in Assam; discuss the role of statelessness and how it may lead to genocide, underscoring the importance to act and find robust solutions. Finally, the author will conclude by discussing potential actions that India should take in order to resolve future cases of statelessness, specifically examining the Global Compact on Refugees and other instruments provided for within international refugee law. 

ABCs of the Revolution

2020 ◽  
Vol 17 (3) ◽  
pp. 278-291
Author(s):  
Egor A. Yesyunin
Keyword(s):  
Civil War ◽  
Second World War ◽  
World War ◽  
Special Significance ◽  
Development History ◽  
The People ◽  
Red Army ◽  
History Of ◽  
Second World ◽  
The Revolution

The article is devoted to the satirical agitation ABCs that appeared during the Civil War, which have never previously been identified by researchers as a separate type of agitation art. The ABCs, which used to have the narrow purpose of teaching children to read and write before, became a form of agitation art in the hands of artists and writers. This was facilitated by the fact that ABCs, in contrast to primers, are less loaded with educational material and, accordingly, they have more space for illustrations. The article presents the development history of the agitation ABCs, focusing in detail on four of them: V.V. Mayakovsky’s “Soviet ABC”, D.S. Moor’s “Red Army Soldier’s ABC”, A.I. Strakhov’s “ABC of the Revolution”, and M.M. Cheremnykh’s “Anti-Religious ABC”. There is also briefly considered “Our ABC”: the “TASS Posters” created by various artists during the Second World War. The article highlights the special significance of V.V. Mayakovsky’s first agitation ABC, which later became a reference point for many artists. The authors of the first satirical ABCs of the Civil War period consciously used the traditional form of popular prints, as well as ditties and sayings, in order to create images close to the people. The article focuses on the iconographic connections between the ABCs and posters in the works of D.S. Moor and M.M. Cheremnykh, who transferred their solutions from the posters to the ABCs.

Video as Text/Archive

2019 ◽  
pp. 778-797
Author(s):  
Bennett Capers
Keyword(s):  
Supreme Court ◽  
Court Case ◽  
The Supreme Court ◽  
Surveillance Cameras ◽  
American Law ◽  
Supreme Court Case ◽  
History Of ◽  
Constitutional Protections

This chapter focuses on a few issues related to video evidence and law, especially with respect to American law. The first issue is the history of the use of video evidence in court. The second issue involves constitutional protections regarding the state’s use of surveillance cameras. The chapter then turns to the Supreme Court case Scott v. Harris to raise concerns about the use of video evidence as not just proof but “truth.” These are of course just a sampling of the issues that the topic of video evidence could raise. The hope is that this chapter will spur further inquiry on the part of the reader.

Roe v. Wade and the History of Abortion Regulation

1989 ◽  
Vol 15 (2-3) ◽  
pp. 227-233 ◽  
Author(s):  
Paul Benjamin Linton
Keyword(s):  
Supreme Court ◽  
Personal Privacy ◽  
Personal Liberty ◽  
Personal Rights ◽  
The Supreme Court ◽  
Right Of Privacy ◽  
History Of ◽  
The Right Of Privacy ◽  
The Right ◽  
Roe V Wade

In Roe v. Wade, the Supreme Court held that “[the] right of privacy … founded in the Fourteenth Amendment's concept of personal liberty … is broad enough to encompass a woman's decision whether or not to terminate her pregnancy.” The Court acknowledged that “[t]he Constitution does not explicitly mention any right of privacy.” Nevertheless, the Court held that a “right of personal privacy, or a guarantee of certain areas or zones of privacy, does exist under the Constitution.” However, “only personal rights that can be deemed ‘fundamental’ or ‘implicit in the concept of ordered liberty,’ … are included in this guarantee of personal privacy.”

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