[PDF] Judicializing Everything eBook

Author : Mark S. Harding
Publisher : University of Toronto Press
Page : 192 pages
File Size : 43,49 MB
Release : 2022
Category : Law
ISBN : 1487528485

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Judicializing Everything? focuses on judicial decision-making in parliamentary states that have recently adopted bills of rights.

Author : Mark Sutherland
Publisher : Amerisearch, Inc.
Page : 246 pages
File Size : 35,30 MB
Release : 2005
Category : Political Science
ISBN : 9780975345566

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We live in the greatest nation on Planet Earth, but it is becoming more and more apparent that in order to keep it great, people must do something to stop the federal courts that are daily setting themselves above the law and dictating how we should live and what we should think. This book is designed to bring you up to speed on the ongoing struggle against an over-reaching judicial branch, without overwhelming you with legal double-speak. It is written in plain American, and presented in bite-sized pieces. After studying the principles in this book, you will better understand the role of government and how to react when the next judge throws out the will of the people in favor of the latest social engineering project. To bring our nation back from the elites in black robes that wish to redefine everything we are as Americans, it is going to take work. Edmund Burke, the famous British politician who supported our War of Independence while serving in the British Parliament, stated a simple truth that still applies to us today: "The only thing necessary for the triumph of evil is for good men to do nothing." We have done nothing for too long, and we are paying the price today. But it is not too late. The fight has only just begun. But by picking up this book you are taking the first step, and together we can turn our nation around. This book features chapters from some of our nation's most prominent leaders in the battle for continued liberty and freedom in our nation, such as: A CONSTITUTIONAL CRISIS-US Attorney General Ed Meese THOU SHALT HAVE NO GOD BEFORE US-Benjamin D. DuPr , Esq. THE POWER OF OUR TRUE HISTORY-Dave Meyer A CHRISTIAN AMERICA?-David C. Gibbs III, Esq. WHAT LAW?-Ambassador Alan Keyes WHO IS AMERICA'S SOVERIEGN?-The Honorable Howard Phillips THE RULE OF LAW-Chief Justice Roy S. Moore JUDICIAL ATHEISM-Rev. Rick Scarborough REDEFINING THE RULES-Mark Sutherland AMERICAN OLIGARCHY-William J. Federer IT'S A JUDGE ISSUE-Phyllis Schlafly, Esq. JUDICIAL ORDERED MURDER?-Dr. James Dobson INTERNATIONAL LAW?-Alan E. Sears, Esq. JUST SAY NO TO JUDICIAL TYRANNY-Don Feder THE SOUL OF AMERICA-Rev. Rick Scarborough WHEN IN THE COURSE-Mathew D. Staver, Esq. THE POWER OF EACH STATE-Herbert W. Titus, Esq. THE FINAL MOMENTS OF CONFLICT-Ambassador Alan Keyes TO IMPEACH OR NOT TO IMPEACH?-Mark Sutherland WHAT DO I DO NOW?-Mark Sutherland Plus the entire Declaration of Independence, Constitution and Amendments to the US Constitution.

Author : Mark I. Sutherland
Publisher : Amerisearch Incorporated
Page : 288 pages
File Size : 29,77 MB
Release : 2005-09-30
Category : Law
ISBN : 9780975345580

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Who was right...Chief Justice Roy Moore or the Federal Government? Is it right to take private property for private profit? Were the courts right to end Terry Schiavo's life? Do we have a living constitution? These and other questions are answered within the pages of this compilation project, as leaders in the fight against judicial tyranny come together to give a solid education on the problems and solutions. Did the founders envision only one branch of government making laws? What did former Presidents say about the courts? Are we better off allowing the professionals run everything? Does voting matter any more? When are "they" going to do something? Is judge-made law legal? Is this what the founders intended? This book, created for the busy reader, provides answers on everything from international law to the rule of law, from constitutionally-defiant judges to what can be done about them, from state powers to overreaching federal powers, and everything in between. A must for every Americans bookshelf, it is perfect for students, teachers, parents, lawyers, professors, activists, politicians and concerned citizens.

Author : Keith Bybee
Publisher : Stanford University Press
Page : 191 pages
File Size : 37,59 MB
Release : 2010-08-24
Category : Law
ISBN : 0804775613

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We live in an age where one person's judicial "activist" legislating from the bench is another's impartial arbiter fairly interpreting the law. After the Supreme Court ended the 2000 Presidential election with its decision in Bush v. Gore, many critics claimed that the justices had simply voted their political preferences. But Justice Clarence Thomas, among many others, disagreed and insisted that the Court had acted according to legal principle, stating: "I plead with you, that, whatever you do, don't try to apply the rules of the political world to this institution; they do not apply." The legitimacy of our courts rests on their capacity to give broadly acceptable answers to controversial questions. Yet Americans are divided in their beliefs about whether our courts operate on unbiased legal principle or political interest. Comparing law to the practice of common courtesy, Keith Bybee explains how our courts not only survive under these suspicions of hypocrisy, but actually depend on them. Law, like courtesy, furnishes a means of getting along. It frames disputes in collectively acceptable ways, and it is a habitual practice, drummed into the minds of citizens by popular culture and formal institutions. The rule of law, thus, is neither particularly fair nor free of paradoxical tensions, but it endures. Although pervasive public skepticism raises fears of judicial crisis and institutional collapse, such skepticism is also an expression of how our legal system ordinarily functions.

Author : John Hart Ely
Publisher : Harvard University Press
Page : 281 pages
File Size : 20,26 MB
Release : 1981-08-15
Category : Law
ISBN : 0674263294

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This powerfully argued appraisal of judicial review may change the face of American law. Written for layman and scholar alike, the book addresses one of the most important issues facing Americans today: within what guidelines shall the Supreme Court apply the strictures of the Constitution to the complexities of modern life? Until now legal experts have proposed two basic approaches to the Constitution. The first, “interpretivism,” maintains that we should stick as closely as possible to what is explicit in the document itself. The second, predominant in recent academic theorizing, argues that the courts should be guided by what they see as the fundamental values of American society. John Hart Ely demonstrates that both of these approaches are inherently incomplete and inadequate. Democracy and Distrust sets forth a new and persuasive basis for determining the role of the Supreme Court today. Ely’s proposal is centered on the view that the Court should devote itself to assuring majority governance while protecting minority rights. “The Constitution,” he writes, “has proceeded from the sensible assumption that an effective majority will not unreasonably threaten its own rights, and has sought to assure that such a majority not systematically treat others less well than it treats itself. It has done so by structuring decision processes at all levels in an attempt to ensure, first, that everyone’s interests will be represented when decisions are made, and second, that the application of those decisions will not be manipulated so as to reintroduce in practice the sort of discrimination that is impermissible in theory.” Thus, Ely’s emphasis is on the procedural side of due process, on the preservation of governmental structure rather than on the recognition of elusive social values. At the same time, his approach is free of interpretivism’s rigidity because it is fully responsive to the changing wishes of a popular majority. Consequently, his book will have a profound impact on legal opinion at all levels—from experts in constitutional law, to lawyers with general practices, to concerned citizens watching the bewildering changes in American law.

Author : Carrol D. Kilgore
Publisher : CreateSpace
Page : 584 pages
File Size : 14,96 MB
Release : 2012-11-11
Category :
ISBN : 9781478144007

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Below title: (21st Century Edition) The original edition of Judicial Tyranny, published in 1977, was the first exhaustive examination of the work of the Supreme Court in relation of the required oath to support the Constitution, which the Court has called "the imperative of judicial integrity." It showed there were many important areas in which the Court substituting for the Constitution's declared supremacy mere philosophical beliefs held from time to time by majority of the justices then sitting. There has not been-nor can there be-any claim that these proofs are inaccurate. Indeed, the U. S. Supreme Court Historical Society has opined that they are accurate, indeed-"Though this work is exceedingly biased and fails to offer any practical solutions to the problems discussed, Judicial Tyranny remains a sound history of recent Supreme Court action." The author defends his bias: He insists that every judge who swears to support the Constitution should take that oath to heart-he must be loyal to the Constitution's provisions instead of to political writings of earlier judges in the form of judicial opinions. This is not an arcane subject. So fundamental is the principle of constitutional supremacy that it was early demonstrated that the judicial oath requires every judge, in enforcing "laws," to determine by rational analysis if that law actually is not law because it is contrary to the Constitution. Yet no one can truthfully deny the fact that the Government of the United States has essentially destroyed the Constitution by exercising powers that the people-through the Constitution-with-held from the Government. And there are two aspects of this basic truth: 1.The people of the original 13 states actually adopted the Constitution, and fully understood that by doing this, they were authorizing the government to come into existence, were specifying precisely what powers they were giving the government, and denying it any authority to exercise other powers. This was done by language so plain that no one could honestly disregard it. 2.With our Government having so grossly departed from Constitutional mandates, and having usurped vast powers never given to it, there is only one thing that made these usurpations possible: The continuing actions by the federal judiciary in deciding whether government actions were lawful, which they did by creating sophistry to show that the government had these powers. Here are a few excerpts from the new edition of Judicial Tyranny: "Faced with a choice between political convenience and integrity's command of yielding to the supremacy of the Constitution, the Court chose convenience." "This ostensible defense of constitutional supremacy carries with it two glaring defects-the arrogant claim of judicial supremacy over the legislative branch and judicial willingness to disregard the Constitution if the degree of peril shall impress the judiciary as adequately extreme. The proper position of public servants in both these government branches is an attitude of subservience to the supreme law." "If 'First Amendment Liberties' may be defined and limited by the Federal judiciary, then every liberty can be so defined and limited." The details of how all these usurpations occurred are carefully spelled out in this book. The acts are not merely described. Explanations and quotations from many judicial opinions prove that this occurred and demonstrated how it happened.

Author : Edward S. Corwin
Publisher : Routledge
Page : 173 pages
File Size : 20,54 MB
Release : 2017-07-05
Category : Law
ISBN : 1351483498

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This book, first published in 1914, contains five historical essays. Three of them are on the concept of judicial review, which is defined as the power of a court to review and invalidate unlawful acts by the legislative and executive branches of government. One chapter addresses the historical controversy over states' rights. Another concerns the Pelatiah Webster Myth the notion that the US Constitution was the work of a single person.In "Marbury v. Madison and the Doctrine of Judicial Review," Edward S. Corwin analyzes the legal source of the power of the Supreme Court to review acts of Congress. "We, the People" examines the rights of states in relation to secession and nullification. "The Pelatiah Webster Myth" demolishes Hannis Taylor's thesis that Webster was the "secret" author of the constitution. "The Dred Scott Decision" considers Chief Justice Taney's argument concerning Scott's title to citizenship under the Constitution. "Some Possibilities in the Way of Treaty-Making" discusses how the US Constitution relates to international treaties.Matthew J. Franck's new introduction to this centennial edition situates Corwin's career in the history of judicial review both as a concept and as a political reality.

Author : Emmett Macfarlane
Publisher : University of Toronto Press
Page : 320 pages
File Size : 39,1 MB
Release : 2023-03-30
Category : Political Science
ISBN : 1487558171

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Legislating under the Charter explores how governments and Parliament justify limitations on rights when advancing laws that raise rights concerns or when responding to judicial decisions under the Canadian Charter of Rights and Freedoms. Through an analysis of legislation concerning criminal justice policy, the approval of new safe consumption sites, sex work, and medical assistance in dying, the book provides a detailed analysis of the extent and nature of parliamentary deliberation about rights, the extent to which government initiatives are properly scrutinized, and the broader institutional relationships under the Charter. The authors draw from a host of qualitative data, including research interviews and examination of judicial decisions, various bills under study, Hansard debates from the floor of the House of Commons, committee and Senate scrutiny of legislation, bureaucratic advice and Charter statements by the department of justice, and news media coverage. The book offers a set of concrete reform proposals to improve the transparency and accountability of executive and bureaucratic vetting processes, and to strengthen the role of Parliament in upholding constitutional values and holding the government to account. In doing so, Legislating under the Charter contributes to the broader comparative scholarship on models of judicial review, morality policy, policy change, and constitutionalism.

Author : William Quirk
Publisher : Transaction Publishers
Page : 162 pages
File Size : 36,52 MB
Release : 1995-01-01
Category : Law
ISBN : 1412827035

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American society has undergone a revolution within a revolution. Until the 1960s, America was a liberal country in the traditional sense of legislative and executive checks and balances. Since then, the Supreme Court has taken on the role of the protector of individual rights against the will of the majority by creating, in a series of decisions, new rights for criminal defendants, atheists, homosexuals, illegal aliens, and others. Repeatedly, on a variety of cases, the Court has overturned the actions of local police or state laws under which local officials are acting. The result, according to Quirk and Birdwell, is freedom for the lawless and oppression for the law abiding. Judicial Dictatorship challenges the status quo, arguing that in many respects the Supreme Court has assumed authority far beyond the original intent of the Founding Fathers. In order to avoid abuse of power, the three branches of the American government were designed to operate under a system of checks and balances. However, this balance has been upset. The Supreme Court has become the ultimate arbiter in the legal system through exercise of the doctrine of judicial review, which allows the court to invalidate any state or federal law it considers inconsistent with the constitution. Supporters of judicial review believe that there has to be a final arbiter of constitutional interpretation, and the Judiciary is the most suitable choice. Opponents, Thomas Jefferson and Abraham Lincoln among them, believed that judicial review assumes the judicial branch is above the other branches, a result the Constitution did not intend. The democratic paradox is that the majority in America agreed to limit its own power. Jefferson believed that the will of the majority must always prevail. His faith in the common man led him to advocate a weak national government, one that derived its power from the people. Alexander Hamilton, often Jefferson's adversary, lacking such faith, feared “the amazing violence and turbulence of the democratic spirit.” This led him to believe in a strong national government, a social and economic aristocracy, and finally, judicial review. This conflict has yet to be resolved. Judicial Dictatorship discusses the issue of who will decide if government has gone beyond its proper powers. That issue, in turn, depends on whether the Jeffersonian or Hamiltonian view of the nature of the person prevails. In challenging customary ideological alignments of conservative and liberal doctrine, Judicial Dictatorship will be of interest to students and professionals in law, political scientists, and those interested in U.S. history.