Read e-book online A Constitution for All Times PDF

By Pamela S. Karlan

ISBN-10: 0262019892

ISBN-13: 9780262019897

ISBN-10: 0262318350

ISBN-13: 9780262318358

ISBN-10: 1306118239

ISBN-13: 9781306118231

ISBN-10: 3720133427

ISBN-13: 9783720133425

Pamela S. Karlan is a different determine in American legislation. A professor at Stanford legislation tuition and previous advice for the NAACP, she has argued seven circumstances at the best courtroom and labored on dozens extra as a clerk for Justice Harry Blackmun. In her first e-book written for a normal viewers, she examines what occurs in American courtrooms -- particularly the superb court docket -- and what it potential for our daily lives and to our nationwide commitments to democracy, justice, and equity.

Through an exploration of present hot-button criminal concerns -- from balloting rights to the demise penalty, health and wellbeing care, same-sex marriage, invasive high-tech searches, and gun keep watch over -- Karlan makes a worldly and resonant case for her imaginative and prescient of the structure. on the middle of that imaginative and prescient is the conviction that the structure is an evolving record that allows executive to clear up novel difficulties and extend the field of human freedom. As skeptics cost congressional overreach on such concerns because the cheap Care Act or even vote casting rights, Karlan pushes again. On person rights particularly, she believes the structure permits Congress to implement the substance of its amendments. and he or she calls out the Roberts court docket for its disdain for the opposite branches of presidency and for its alignment with a conservative agenda.

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Karlan  for the national defense—Congress has long required individuals to engage in activities they might otherwise choose not to perform. Jury service and registration for the draft are the two most familiar examples, but for those opponents of the individual mandate who want to return to the time of the Framers, here’s another: the Militia Act of 1792 required white men between the ages of eighteen and 45 to provide themselves with muskets and other equipment. Because the national welfare required it, Congress required individuals to purchase goods from the market.

Arguments about that meaning proved indeterminate. In particular, Justice Stephen Breyer’s dissent detailed various restrictions on firearms that existed during the colonial period and concluded, “Irrespective of what the Framers could have thought, we know what they did think”— that restrictions on firearms were consistent with the Second Amendment. When Justice Scalia turned from abstract principle to actually resolving the case before him, he abandoned originalism in favor of the kind of contemporary understanding he so often decries.

At Jones’s trial, the prosecution used the record as evidence that his car had repeatedly traveled to a suspected “stash house” where large amounts of narcotics had been found. Jones’s counsel argued that the GPS data should not have been admitted at his trial. ” If using the GPS device amounted to search or seizure, then the government needed a valid warrant, which it did not have. The Supreme Court held unanimously that the government had searched Jones’s car. But the justices offered three separate opinions explaining why that pamela s.

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A Constitution for All Times by Pamela S. Karlan

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