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The "Higher Law" Background of American Constitutional Law
The "Higher Law" Background of American Constitutional Law
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The "Higher Law" Background of American Constitutional Law

by Edward S. Corwin. 90 pgs.

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publication details

Contributors:

   Edward S. Corwin

Publisher:

   Cornell University Press

Place of Publication:

  Ithaca, NY  

Publication Year:

  1971
Subjects:   United States--Constitutional Law--History, Great Britain--Constitutional Law--History
Table of contents
Contents
Prefatory Note, by Clinton Rossiter v
Edward S. Corwin, A Biographical Note xi
The "Higher Law" Background of American Constitutional Law 1
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books on: (United States Constitutional Law History) OR (Great Britain Constitutional Law History)  - 32710 results

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1.
The "Higher Law" Background of American Constitutional Law
Book by Edward S. Corwin; Cornell University Press, 1971
Subjects: Great Britain--Constitutional Law--History, United States--Constitutional Law--History
...the deep recesses of intellectual and constitutional history and laying out neatly for our confident use a mass of...straight and secure. This choice essay, "The Higher Law Background of American Constitutional Law," is a model of Professor Corwins scholarship...influential on the theory and practice of government in the United States. American constitutional law--not just the law taught...
2.
American Constitutional Law: Introductory Essays & Selected Cases
Book by Alpheus Thomas Mason, William M. Beaney; Prentice Hall, 1954
Subjects: United States--Constitutional Law, United States--Constitutional Law--Cases
...event, but there has hardly been a time in our history when proposed new amendments have not been legion...proposed. Statutory development. "If we regard as constitutional," Charles A. Beard writes, "all that body of law relative to the fundamental organization of the...accurate detail of all the subdivisions of which its great powers will admit, and of all the means by which...not unanswerable. Beveridge projects back into history an appraisal that does not square with the contemporary...for quite some time thereafter, not because the great Chief Justice asserted the power of judicial review...unconstitutional either the hated Alien-Sedition law or incorporation of the national bank. Jefferson...The judges, believing the Alien-Sedition law constitutional, had a right to pass a sentence of fine and imprisonment...
3.
Constitutional Functions and Constitutional Problems of International Economic Law: International and Domestic Foreign Trade Law and Foreign Trade Policy in the United States, the European Community and Switzerland
Book by Ernst-Ulrich Petersmann; University Press, 1991
Subjects: Commercial Policy, Constitutional Law, European Economic Community Countries--Commercial Policy, European Economic Community Countries--Constitutional Law, Foreign Trade Regulation, Foreign Trade Regulation--European Economic Community Countries, Foreign Trade Regulation--Switzerland, Foreign Trade Regulation--United States, Switzerland--Commercial Policy, Switzerland--Constitutional Law, United States--Commercial Policy, United States--Constitutional Law
...there are also clear limits to international private law as a legal technique of market integration, policy...disproportionate, unnecessarily welfare-reducing manner. History also shows that discretionary government powers of...their special interests. Due to the lack of adequate constitutional restraints and effective parliamentary and judicial...government powers, but have also been amply refuted by the history of past and present trade mercantilism. Yet, is it...23 J. Tumlir, Economic Policy as a Constitutional Problem , 1984, p. 19. benefit of powerful protectionist...only under general, effectively enforced rules of law and that the choice of the longterm, basic "constitutional...
4.
Constitutional Law as Fiction: Narrative in the Rhetoric of Authority
Book by L. H. Larue; Pennsylvania State University Press, 1995
Subjects: Constitutional Law--United States, Judicial Opinions--United States--Methodology, Law And Literature
Constitutional Law as Fiction L. H. LaRue Constitutional Law as Fiction...paper ISBN 0-271-01407-5 pbk.: acid-free paper 1. United States -- Constitutional law -- Fiction. 2. Judicial opinions...from a fine group of friends. For help in understanding history, I owe the most to Eugene Genovese, Wythe Holt, and Calvin...
5.
American Constitutional Law
Book by Bernard Schwartz; 1955
Subjects: Constitutional Law--United States
...Appendix: Constitution of the United States of America 333...told that the Rule of Law, protection against arbitrary...informed that they receive no constitutional protection and that they...necessary to study its history, and, in particular, its...product of progressive history, just as is that which...serves to show this. The constitutional situation in a country...Britain than to that in the United States, even though the French organic law has been a written one...
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journal articles on: (United States Constitutional Law History) OR (Great Britain Constitutional Law History)  - 7180 results

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1.
The Possibilities of Comparative Constitutional Law
Journal article by Mark V. Tushnet; Yale Law Journal, Vol. 108, 1999
Subjects: Comparative law--Interpretation and construction, Constitutional law--Comparative method
...free speech law deals with...universitys history department...treats the United States and the Soviet...subsidies must be constitutional if the modern...vision of U.S. history. Further, the...which German law reconciles...people in their constitutional aspect. And...people of the United States--perhaps even...relevant to the United States from the British...comparative constitutional law in illuminating...
2.
Constitutional Law and Transnational Comparisons: The Youngstown Decision and American Exceptionalism
Journal article by Vicki C. Jackson; Harvard Journal of Law & Public Policy, Vol. 30, 2006
Subjects: Constitutional interpretation--Comparative analysis, Constitutional law--Comparative analysis, Constitutional law--Interpretation and construction, Cruel and unusual punishment--Cases, International law--Usage, Roper v. Missouri ex rel. Simmons--543 U.S. 551 (2005), Youngstown Sheet & Tube Co. v. Sawyer--343 U.S. 579 (1952)
...a punishment as bearing on its unacceptability in the United States, (19) and in other cases referring to the practices of...example, the death penalty for rape of an adult) (21) was constitutionally prohibited. This line of decisions extends from the late...sought to cabin more tightly consideration of foreign law in Eighth Amendment cases, along lines he had proposed...short-lived--not surprising in light of the long prior history of the Courts considering foreign practice in Eighth...
3.
Liberty of Expression in Ireland and the Need for a Constitutional Law of Defamation
Journal article by Sarah Frazier; Vanderbilt Journal of Transnational Law, Vol. 32, 1999
Subjects: Conflict of laws--Torts, Constitutional law--Interpretation and construction, Freedom of speech--Laws, regulations, etc., Libel and slander--Remedies
...constitutional review of defamation cases. In the 1964 United States Supreme Court decision, New York Times v. Sullivan, the...speech placed certain limits on the traditional common law of defamation.(20) From that point on, defamation cases were subject to constitutional judicial review. In Ireland, however, there is no established...Part II of this Note will examine Irish constitutional history, with attention to the conservative, traditionally often...
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The Case for Including Marks V. United States in the Canon of Constitutional Law
Journal article by Maxwell L. Stearns; Constitutional Commentary, Vol. 17, 2000
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...States in the canon of constitutional law. by Maxwell L...suggest including Marks v. United States,(1) as a principal case...stare decisis and of the history surrounding the abandonment...important question of constitutional law. In Adarand, Scalia strategically...In a case sustaining a law against a constitutional challenge, the opinion...
5.
Narratives of Federalism: Of Continuities and Comparative Constitutional Experience
Journal article by Vicki C. Jackson; Duke Law Journal, Vol. 51, 2001
Subjects: Constitutional history--Analysis, Constitutional law--Interpretation and construction, Federalism--Laws, regulations, etc., Interstate commerce--Laws, regulations, etc., United States. Supreme Court--Practice
...of particular relevance to federalism. One of the great benefits of studying comparative constitutional experience is the possibility of illuminating--as...responsibility of the "states" to enforce federal law, so Printzs holding should be seen not as a necessity...effective federalism? (197) More generally, does the history leading to the federalist "deal" or package reflected...federal power to preempt should not necessarily be as great as the federal power to legislate...452 (1991). (67.) Id. at 459 (upholding a state law requiring state judges to retire at age seventy...e.g., Alden, 527 U.S. at 728-29 (recognizing a constitutional immunity for states from suit in their own courts...clear the powers it sought to invoke, has a long history. See, e.g., The Civil Rights Cases, 109 U.S. 3...
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magazine articles on: (United States Constitutional Law History) OR (Great Britain Constitutional Law History)  - 2390 results

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1.
Andrew Johnson, Unreconstructed: President Andrew Johnson Steadfastly Upheld the Constitution and the Rule of Law as He Opposed Those Who Sought to Rule the Defeated Confederate States with an Iron Fist
Magazine article by John J. Dwyer; The New American, Vol. 22, December 11, 2006
Subjects: Constitutional law--History, Johnson, Andrew (American president)--Domestic policy, Johnson, Andrew (American president)--Evaluation, Johnson, Andrew (American president)--Political activity
...and South and to uphold constitutional principles of a limited...Johnson believed that states had no right to secede...technically part of the United States. He therefore wanted...ignored existing American law in that pursuit. The new...contentious in American history. It was a years-long battle...thousands, of people of their constitutionally protected right to trial...both to unleash martial law and suspend the writ of...the former Confederate states, had any right to redress...went the era of American history that spawned the carpetbaggers...
2.
The Organic and Moral Elements in the American Consitution - the Constitution Is a Product of Colonial Experience under British Common Law and Other Historic Traditions
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3.
The Irony of Islamists: Muslim Rights Depend on National Rules: Abroad, the Islamic Faithful Often Are Persecuted by Their Own Governments, While in the United States They Benefit from Constitutional Freedoms
Magazine article by Julia Duin; Insight on the News, Vol. 17, November 5, 2001
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...governments, while in the United States they benefit from constitutional freedoms by Julia Duin In traditional Islamic...Kabul on charges of proselytizing. "In classical Islamic law, the apostate loses all his civil liberties, his kids...who has changed his religion, kill him." The Koran also states in Sura 3:85 that anyone who desires "a religion other...complain that anti-Muslim prejudice is alive and well in the United States. "In any library, we find 600 or more books, novels...States in foreign aid. "People expect America, with its history and its Founders, to say, `Enough is enough," says Alalwani...
4.
The Meaning of Magna Carta since 1215: Ralph V. Turner Considers How and Why Magna Carta Became a Beacon of Liberty in Britain and, Increasingly, in the United States
Magazine article by Ralph V. Turner; History Today, Vol. 53, September 2003
Subjects: Charters--Evaluation, United Kingdom--History
...offered an amendment to preserve Magna Carta and other constitutional landmarks, but this failed. The ease with which abrogation...the twentieth century. In 1965, Parliament created the Law Commission for statute revision, and the commissioners...Whig historical interpretation of its place in British history had become orthodoxy, the semi-official presentation by...Carta seems to enjoy greater prestige in the Unit, ed States than in the United Kingdom. Indicative of this is the monument at Runnymede...
5.
The Formation of the United States
Magazine article by Gordon L. Anderson; World and I, Vol. 20, January 2005
Subjects: Confederation Congress, 1781-1789, Constitutional history, Franklin, Benjamin--Beliefs, opinions and attitudes, Jefferson, Thomas--Beliefs, opinions and attitudes, Statesmen--Beliefs, opinions and attitudes, Statesmen--Political activity, United States history, 1783-1789 (Confederation), United States history--Confederation, 1783-1789, Washington, George (American president)--Political activity
...not need an advanced education for most trades, except law and government. Most of the founders were aristocrats...French and Scottish forms. The Convention was stormy. Small states feared domination by large states. Historians tend to...foreign affairs President Washington believed that the United States should take a neutral position toward other nations...next hundred years. The government as a referee At the Constitutional Convention, George Washington had asked for delegates...that where the people rule there can be no tyranny. But history and reflection tell us that this is not so: a majority...
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newspaper articles on: (United States Constitutional Law History) OR (Great Britain Constitutional Law History)  - 475 results

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1.
Terminal Rights?
Newspaper article; The Washington Times, January 10, 2008
Subjects: Cancer treatment, Cancer--Care and treatment, Constitutional law, United States. Supreme Court
...terminally ill patients, but also one that addresses vital constitutional questions concerning the Courts protection of "fundamental...concept of ordered liberty" and "deeply rooted in our nations history and traditions." Thus, according to the dissent, the right...attorney at the Institute for Justice, a public interest law firm in Arlington, Va., which filed an amicus brief in the...
2.
'The United States of America Will Continue to Lead'
Newspaper article; The Washington Times, February 1, 2006
...and from America. Previous presidents have used the same constitutional authority I have - and federal courts have approved the...society depends on courts that deliver equal justice under law. The Supreme Court now has two superb new members, Chief...American. For 24 years of faithful service to our Nation, the United States is grateful to Justice Sandra Day OConnor. A hopeful society...influence all our lives. And sometimes it can seem that history is turning in a wide arc, toward an unknown shore. Today...
3.
Nigeria's Emerging Rule of Law
Newspaper article; The Washington Times, June 26, 2007
Subjects: United States. Supreme Court
...of oil prices. Nigerias oil and gas further makes the United States less vulnerable to blackmail by hostile Middle East nations...AFRICOM. Since its birth from British colonial rule in 1960, law in Nigeria has customarily been a set of political calculations...military thugs after the fairest election in Nigerias history. As corroboration of Nigerias growing legal maturity...National Assembly blocked President Obasanjos scheming for a constitutional amendment permitting a third term, an uncharacteristic...
4.
Bush Names Roberts to Supreme Court; Appeals Judge Will Apply Law 'Strictly'
Newspaper article; The Washington Times, July 20, 2005
Subjects: Bush, George W., United States. Congress. Senate
...4-4 ties on issues such as abortion, affirmative action, states rights and the death penalty. "He has a good heart. He...and civility. He has profound respect for the rule of law and for the liberties guaranteed to every citizen," the...profound appreciation for the role of the court in our constitutional democracy and a deep regard for the court as an institution...abortion ... finds no support in the text, structure or history of the Constitution," the brief said. "We continue to...spectrum of political party affiliation and ideology, we are united in our belief that John Roberts will be an outstanding...
5.
Magna Carta Goes on Display in Philadelphia Center; Document Influenced American Law
Newspaper article; The Washington Times, July 4, 2007
Subjects: National Constitution Center
...is accepted as a basis for modern constitutional law; a depiction of King John being coerced...pay to bring the document to the United States on loan from Englands Lincoln Cathedral...nations values and deepen their love of history." The NEA is celebrating its 150th...rate is a natural outgrowth of the great principles that were set forth in...Web site, for teachers, tutors and history buffs. Children from the American...
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encyclopedia articles on: (United States Constitutional Law History) OR (Great Britain Constitutional Law History)  - 61 results

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1.
Great Britain
Encyclopedia article; The Columbia Encyclopedia, Sixth Edition, 2007
...accounts for over 50% of its trade. Germany, the United States, France, and the Netherlands are the main trading partners...are also important. Government Great Britain is a constitutional monarchy. The constitution exists in no one document but...should have its own parliament, separate from that of the United Kingdom, with powers similar to those of the Scottish...goal is the independence of those respective regions. History Until 1707, this section deals primarily with English...as Star Chamber , which were not bound by the common law, to persecute opponents, together produced a bitter conflict...
2.
United States
Encyclopedia article; The Columbia Encyclopedia, Sixth Edition, 2007
...immigrants arrived in the United States. After the immigration law of 1924 (see immigration ), immigration was heavily...1990. More than half of all foreign-born persons in the United States are from Latin America, and more than a quarter are from...Constitution of the United States , adopted by the Constitutional Convention of 1787. There is a division of powers between...formally chooses the President and the Vice President. History European Exploration and Settlement Exploration...
3.
Supreme Court, United States
Encyclopedia article; The Columbia Encyclopedia, Sixth Edition, 2007
...between citizens of different states) and cases in which the United States or a state is a party (however, the Eleventh Amendment...the previous judgment is affirmed. Under the Judiciary Law as amended in 1934, cases are usually brought to the court...most applications refused. It may be used to review the constitutional decisions of state courts of last resort and federal decisions...chronological list of all Chief Justices and Associate Justices. History Early Years The history of the Supreme Court reflects...
4.
Hawaii , State, United States
Encyclopedia article; The Columbia Encyclopedia, Sixth Edition, 2007
...Hawaii campus of Brigham Young Univ., at Laie, Oahu. History Early Settlers and Explorers The first known settlers...guarantee of religious freedom, and the following year a constitutional monarchy was established. From 1842 to 1854 an American...following decades commercial ties between Hawaii and the United States increased. Development of the Sugar Industry In 1848...chief Pacific base for U.S. forces and were under martial law (Dec. 7, 1941 Mar., 1943). The postwar years ushered...
5.
Tennessee , State, United States
Encyclopedia article; The Columbia Encyclopedia, Sixth Edition, 2007
...the Univ. of the South, at Sewanee. History Early History W Tennessee abounds with artifacts of the prehistoric...1790 the federal government created the Territory of the United States South of the River Ohio (Southwest Territory), with William...1860 for its own John Bell, candidate of the moderate Constitutional Union party . Secession was rejected in a popular referendum...famous Scopes trial at Dayton. The fact that the state law banning the teaching of evolution was not repealed until...
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