Majority Rule And the Judiciary An Examination of Current Proposals for Consti
Majority Rule And the Judiciary An Examination of Current Proposals for Consti
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When an eighteenth-century constitution forms the charter of liberty of a twentieth-century gov- ernment, must its general provisions be construed and interpreted by an eighteenth-century mind surrounded by eighteenth-century conditions and ideals? Clearly not. This were a command to halt the race in its progress, to stretch the state 1 Borgnis, v. The Falk Co. , 147 Wisconsin Reports, page 327, at page 348, et seq (1911). That this doctrine is to be deemed to apply only to " due process " and ..." police power " determinations, see, espe- cially, concurring opinions of Marshall, J. , and Barnes, J.
138 Majority Rule and the Judiciary upon a veritable bed of Procrustes. Where there is no express command or prohibition, but only general language or policy to be considered, the conditions prevailing at the time of its adoption must have their due weight; but the changed so- cial, economic, and governmental conditions of the time, as well as the problems which the changes have produced, must also logically enter into the consideration and become influential factors in the settlement of problems of construction and interpretation.
What to read after Majority Rule And the Judiciary An Examination of Current Proposals for Consti?
You can find similar books in the "Read Also" column, or choose other free books by William L William Lynn Ransom to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
When an eighteenth-century constitution forms the charter of liberty of a twentieth-century gov- ernment, must its general provisions be construed and interpreted by an eighteenth-century mind surrounded by eighteenth-century conditions and ideals? Clearly not. This were a command to halt the race in its progress, to stretch the state 1 Borgnis, v. The Falk Co. , 147 Wisconsin Reports, page 327, at page 348, et seq (1911). That this doctrine is to be deemed to apply only to " due process " and ..." police power " determinations, see, espe- cially, concurring opinions of Marshall, J. , and Barnes, J.
138 Majority Rule and the Judiciary upon a veritable bed of Procrustes. Where there is no express command or prohibition, but only general language or policy to be considered, the conditions prevailing at the time of its adoption must have their due weight; but the changed so- cial, economic, and governmental conditions of the time, as well as the problems which the changes have produced, must also logically enter into the consideration and become influential factors in the settlement of problems of construction and interpretation.
What to read after Majority Rule And the Judiciary An Examination of Current Proposals for Consti?
You can find similar books in the "Read Also" column, or choose other free books by William L William Lynn Ransom to read onlineMoreLess
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