Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
International human rights law is founded on the premise that all persons, by virtue of their essential humanity, should enjoy all human rights. Exceptional distinctions, for example between citizens and non-citizens, can be made only if they serve a legitimate State objective and are proportional to the achievement of the objective. Non-citizens can include: migrants, refugees and asylum seekers, victims of trafficking, foreign students, temporary visitors and stateless people. This publication looks at the diverse sources of international law and emerging international standards protecting the rights of non-citizens, including international conventions and reports by UN and treaty bodies
Explores the multifaceted debate on the interconnection between conscientious objections, religious liberty, and the equality of women and sexual minorities.
Recommendations. To state and federal corrections agencies - To state legislators and the U.S. Congress. -- I. Development of lethal injection protocols. Oklahoma - Texas - Tennessee - Lethal injection machines - Public access to lethal injection protocols. -- II. Lethal injection drugs. Potassium chloride - Pancuronium bromide - Sodium thiopental - The failure to review protocols. -- III. Lethal injection procedures. Qualifications of execution team - Checking the IV equipment - Level of anesthesia not monitored. -- IV. Physician participation in executions and medical ethics. -- V. Case study: Morales v. Hickman. -- VI. Botched executions. -- VII. International human rights and U.S. constitutional law. International human rights law - U.S. Constitutional law. -- Appendix A: State Execution Methods. -- Acknowledgements.
Between the Great War and Pearl Harbor, conservative labor leaders declared themselves America's "first line of defense" against Communism. In this surprising account, Jennifer Luff shows how the American Federation of Labor fanned popular anticommunism but defended Communists' civil liberties in the aftermath of the 1919 Red Scare. The AFL's "commonsense anticommunism," she argues, steered a middle course between the American Legion and the ACLU, helping to check campaigns for federal sedition laws. But in the 1930s, frustration with the New Deal order led labor conservatives to redbait the Roosevelt administration and liberal unionists and abandon their reluctant civil libertarianism for red scare politics. That frustration contributed to the legal architecture of federal anticommunism that culminated with the McCarthyist fervor of the 1950s. Relying on untapped archival sources, Luff reveals how labor conservatives and the emerging civil liberties movement debated the proper role of the state in policing radicals and grappled with the challenges to the existing political order posed by Communist organizers. Surprising conclusions about familiar figures, like J. Edgar Hoover, and unfamiliar episodes, like a German plot to disrupt American munitions manufacture, make Luff's story a fresh retelling of the interwar years.
"Scouring the history of Native American boarding schools, nineteenth-century reformatories, and programs to Americanize immigrants, Glenn brilliantly reveals the role of coercion in caregiving. An important read for us all."---Arlie Hochschild, author of The Time Bind --
These fourteen essays address controversies over a variety of cultural properties, exploring them from perspectives of law, archeology, physical anthropology, ethnobiology, ethnomusicology, history, and cultural and literary study. The book divides cultural property into three types: Tangible, unique property like the Parthenon marbles; intangible property such as folktales, music, and folk remedies; and communal "representations," which have lead groups to censor both outsiders and insiders as cultural traitors.
