By Jr. Otis H.(Otis H. Stephens Jr.) Stephens, II John M. Scheb
AMERICAN CONSTITUTIONAL legislation, Volumes I and II, combines instances, judgements, and authorial remark to maximise your studying and realizing during this path. those entire volumes hide the full variety of subject matters in constitutional legislations. all of the chapters contains a longer essay offering the criminal, historic, political, and cultural contexts for the set of edited judgements from the U.S. splendid courtroom case that follows. In deciding on, enhancing, and updating the fabrics, the authors emphasize fresh developments in significant components of constitutional interpretation. even as, the authors contain many landmark judgements, a few of which hold significance as precedents whereas others illustrate the brief nature of constitutional interpretation. as the e-book presents a great stability of choices and authorial observation, this article appeals to teachers of legislation in addition to teachers of political technological know-how.
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Extra resources for American Constitutional Law, Volume II: Civil Rights and Liberties
It is claimed that martial law covers with its broad mantle the proceedings of this military commission. The proposition is this: that in a time of war the commander of an armed force (if in his opinion the exigencies of the country demand it, and of which he is to judge), has the power, within the lines of his military district, to suspend all civil rights and their remedies, and subject citizens as well as soldiers to the role of his will; and in the exercise of his lawful authority cannot be restrained, except by his superior officer or the President of the United States.
Kraemer (1948), the Court held that a state court’s enforcement of a racially restrictive covenant with respect to the sale of private housing constituted state action in violation of the Fourteenth Amendment. Can Governmental Inaction Be “State Action”? In modern times, the state action doctrine has been criticized as being too restrictive. Indeed, some have argued that CHAPTER 1 CONSTITUTIONAL SOURCES OF CIVIL RIGHTS AND LIBERTIES 21 the Fourteenth Amendment should be interpreted to impose an affirmative duty on government to protect persons against harm in some circumstances.
If this were true, it could be well said that a country preserved at the sacrifice of all the cardinal principles of liberty, is not worth the cost of preservation. Happily, it is not so. It will be borne in mind that this is not a question of the power to proclaim martial law, when war exists in a community and the courts and civil authorities are overthrown. Nor is it a question what rule a military commander, at the head of his army, can impose on states in 33 rebellion to cripple their resources and quell the insurrection.