The Intelligible Constitution : The Supreme Court's Obligation to Maintain the Constitution As Something We, the People, Can Understand read DJV, FB2, PDF

9780195073287
English

0195073282
In Webster v. Reproductive Health Services , a critical abortion rights case, a bitterly divided Supreme Court produced no less than six different opinions. Writing for the plurality, Chief Justice Rehnquist attacked the trimester framework established in Roe v. Wade because it was "not found in the text of the Constitution or in any place else one would expect to find a constitutional principle." This approach, writes legal authority Joseph Goldstein, confuses constitutional principles (in this case, the right to privacy) with the means to protect them (here, the trimester system). As a result, the Court left the public bewildered about the constitutional scope of a woman's right to reproductive choice--failing in its duty to speak clearly to the American public about the Constitution. In The Intelligible Constitution , Goldstein makes a compelling argument that, in a democracy based upon informed consent, the Supreme Court has an obligation to communicate clearly and candidly to We the People when it interprets the Constitution. After a fascinating discussion of the language of the Constitution and Supreme Court opinions (including the analysis of Webster ), he presents a series of opinion studies in important cases, focusing not on ideology but on the Justices' clarity of thought and expression. Using the two Brown v. Board of Education cases, Cooper v. Aaron , Regents of the University of California v. Bakke , and others as his examples, Goldstein demonstrates the pitfalls to which the Court has succumbed in the past: Writing deliberately ambiguous decisions to win the votes of colleagues, challenging each others' opinions in private but not in public, and not speaking honestly when the writer knows a concurring Justice misunderstands the opinion which he or she is supporting. Even some landmark decisions, he writes, have featured seriously flawed opinions--preventing We the People from understanding why the Justices reasoned as they did, and why they disagreed with each other. He goes on to suggest five "canons of comprehensibility" for Supreme Court opinions, to ensure that the Justices explain themselves clearly, honestly, and unambiguously, so that all the various opinions in each case would constitute a comprehensible message about their accord and discord in interpreting the Constitution. Both a fascinating look at how the Court shapes its opinions and a clarion call to action, this book provides an important addition to our understanding of how to maintain the Constitution as a living document, by and for the People, in its third century., In this eloquent and cogent book, noted constitutional scholar Joseph Goldstein argues that the Supreme Court's central obligation is to address itself to the American people from whom it derives its constitutional authority. Yet, he points out, the Court repeatedly fails to make its opinions clear, even to legal professionals and scholars.

Download Joseph Goldstein - The Intelligible Constitution : The Supreme Court's Obligation to Maintain the Constitution As Something We, the People, Can Understand FB2, DOC, TXT

It also contains studies on the role of the Council of Europe and the European Court of Human Rights, and a critical scholarly examination of the relationship between parliamentary and curial institutions within the context of the protection of human rights.It has a plot, good guys and bad buys, it opensup a 'strange' world, and it is exceptionally well written." --Thomas W.Robisheaux, ..".On the other hand, Lindy Chamberlain (famously portrayed by Meryl Streep in "A Cry in the Dark"), has finally, over 30 years after the fact, had her claim that her baby Azaria was taken by a dingo at Ayers Rock in the Australian Outback upheld by a coroner.With over 150 Paleo recipes that are well rounded, easy, and delectable, you ll never have to wonder what to cook.His marriage to the upper class Mary Todd was crucial to his social aspirations and his political career.They also consider the relationship between legislative review and judicial review for human rights compatibility, and whether courts could do more to incentivise better democratic deliberation about human rights.The emphasis is upon rigorous examination of the issues affecting all who work with the Scottish law of evidence whether in court, chamber practice, or legal education.With The Single Guy Cookbook, you'll make delicious and awe-inspiring dishes that you'll be proud to place in front of any person who enters your man cave, and most importantly, you., There comes a time in every man's life where he has to step away from the microwave.Brody, and Cassia Spohn take a comprehensive and accessible approach which allows instructors to cover all of the "standard" material and the option to add selections they consider interesting and relevant to their particular course.Projects are graded according to level of difficulty, and each comes with a list of materials consisting of colored clay and common household products.These tribunals represent an important bridge between courts like the International Criminal Court (ICC), the International Criminal Tribunal for the Former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR) and various local legal justice systems.As the Beijing correspondent for The New Yorker , Evan Osnos was on the ground in China for years, witness to profound political, economic, and cultural upheaval.A wealth of pedagogical tools adds valuable related content, ranging from the points of view of court process participants to comparative information to hotly debated topics., The comprehensive and accessible approach taken by this book allows instructors to cover all the "standard" material and offers the option to add selections they consider interesting and relevant to their particular course.The United States leads all nations in rates of private gun ownership, yet stories of gun tragedies frequent the news, spurring calls for tighter gun regulations.When the country's president and vice-president were implicated in the crimes, the case took on worldwide significance.