The Dirty Dozen

How Twelve Supreme Court Cases Radically Expanded Government and Eroded Freedom

Author: Robert A. Levy,William Mellor

Publisher: Cato Institute

ISBN: 1935308327

Category: Law

Page: 302

View: 2889

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Alexander Hamilton wrote that “the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution.” If only that were true. The Founding Fathers wanted the judicial branch to serve as a check on the power of the legislative and executive, and gave the Supreme Court the responsibility of interpreting the Constitution in a way that would safeguard individual freedoms. In some cases, like Brown V. Board of Education and United States V. Lopez, the Court fulfilled its role, protecting us from racial discrimination and the heavy hand of the federal government. But sadly, the Supreme Court has also handed down many destructive decisions on cases you probably never learned about in school. In The Dirty Dozen, two distinguished legal scholars shed light on the twelve worst cases, which allowed government to interfere in your private contractual agreements; curtail your rights to criticize or support political candidates; arrest and imprison you indefinitely, without filing charges; and seize your private property, without compensation, when someone uses the property for criminal activity—even if you don’t know about it! This is not a book just for lawyers. It’s for all Americans who want to understand how the Supreme Court can affect our right to life, liberty, and the pursuit of happiness. This paperback edition includes a new preface, “Guns, Bailouts, and Empathetic Judges,” which highlights new and critical issues that have arisen since the book’s initial edition was published in 2008.
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Freedom's Progress?

Author: Gerard Casey

Publisher: Andrews UK Limited

ISBN: 1845409604

Category: Philosophy

Page: 969

View: 924

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In Freedom's Progress?, Gerard Casey argues that the progress of freedom has largely consisted in an intermittent and imperfect transition from tribalism to individualism, from the primacy of the collective to the fragile centrality of the individual person and of freedom. Such a transition is, he argues, neither automatic nor complete, nor are relapses to tribalism impossible. The reason for the fragility of freedom is simple: the importance of individual freedom is simply not obvious to everyone. Most people want security in this world, not liberty. 'Libertarians,' writes Max Eastman, 'used to tell us that "the love of freedom is the strongest of political motives," but recent events have taught us the extravagance of this opinion. The "herd-instinct" and the yearning for paternal authority are often as strong. Indeed the tendency of men to gang up under a leader and submit to his will is of all political traits the best attested by history.' The charm of the collective exercises a perennial magnetic attraction for the human spirit. In the 20th century, Fascism, Bolshevism and National Socialism were, Casey argues, each of them a return to tribalism in one form or another and many aspects of our current Western welfare states continue to embody tribalist impulses. Thinkers you would expect to feature in a history of political thought feature in this book - Plato, Aristotle, Machiavelli, Locke, Mill and Marx - but you will also find thinkers treated in Freedom's Progress? who don't usually show up in standard accounts - Johannes Althusius, Immanuel Kant, William Godwin, Max Stirner, Joseph Proudhon, Mikhail Bakunin, Pyotr Kropotkin, Josiah Warren, Benjamin Tucker and Auberon Herbert. Freedom's Progress? also contains discussions of the broader social and cultural contexts in which politics takes its place, with chapters on slavery, Christianity, the universities, cities, Feudalism, law, kingship, the Reformation, the English Revolution and what Casey calls Twentieth Century Tribalisms - Bolshevism, Fascism and National Socialism and an extensive chapter on human prehistory.
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United States Constitutional Law

An Introduction

Author: Paul Rodgers

Publisher: McFarland

ISBN: 0786460172

Category: Political Science

Page: 300

View: 6124

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The great liberties and guarantees of the United States Constitution are stated as general principles, to be perpetuated and reapplied in a changing America. This book provides a basic understanding of Constitutional law, addressing both the history of the U.S. Constitution and each of its individual clauses. It explains the power of the Supreme Court, whereby a bare majority of five justices, each with lifetime tenure, can overrule the president, the Congress, and state and local governments—effectively declaring the rights and obligations of persons and organizations across the land. Referencing more than 950 Supreme Court decisions, the book treats each subject objectively and without opinionated commentary.
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Public Choice Concepts and Applications in Law

Author: Maxwell L. Stearns,Todd J. Zywicki

Publisher: West Academic Publishing

ISBN: 9780314177223

Category: Law

Page: 601

View: 2055

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"Public Choice Concepts and Applications in Law is a terrific introductory book for law students and a valuable analytic resource for professors, whether veterans or newcomers to the field. Stearns and Zywicki break down the subject into freestanding components, allowing the reader to think about courts, legislatures, voters, and agencies in ways unimagined by anyone unfamiliar with the basic tools of public choice. Cases, articles, and classic insights are brought together in a way that truly makes this a volume about the application of public choice tools to legal doctrines. There is nothing like it." --Saul Levmore, William B. Graham Professor of Law, University of Chicago
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