By Helen J. Knowles
This can be the 1st book-length research of ideally suited courtroom Justice Anthony M. Kennedy. utilizing the hot-button problems with privateness rights, race, and loose speech, The Tie is going to Freedom demanding situations the traditional knowledge that Kennedy's jurisprudence is inconsistent and incoherent. The e-book additionally demonstrates how he forcefully articulates a libertarian constitutional imaginative and prescient.
Read or Download The Tie Goes to Freedom: Justice Anthony M. Kennedy on Liberty PDF
Similar constitutional law books
Subject matters similar to army tribunals, same-sex marriage, informative privateness, reproductive rights, affirmative motion, and states' rights fill the panorama of latest felony debate and media dialogue, they usually all fall less than the umbrella of the Due approach Clauses of the us structure.
This ebook outlines the constitutional structures of the six Australian states and ten Commonwealth territories. It starts off with their background, easy gains, position and destiny in the Australian federation. Its basic concentration is at the binding constitutional regulations which influence on their parliaments and governments.
Capital Punishment makes a speciality of using the dying penalty within the usa, its foreign prestige, and the way international advancements have an effect on the rustic. It features a heritage, a dialogue of the controversies surrounding the dying penalty, up to date biographical sketches, and statistics. Key records contain the U.
The U. S. ultimate court docket selection in Roe v. Wade stands as a ancient victory for abortion-rights activists. yet instead of serving because the coda to what have been a relatively low-profile social clash, the choice mobilized a wave of anti-abortion protests and ignited a heated fight that keeps to this present day.
- The New Constitutional Order
- Unfree Speech: The Folly of Campaign Finance Reform
- Judging Statutes
- Constitutional Interpretation
- The Making of a European Constitution: Judges and Law Beyond Constitutive Power
- Law and Religion
Additional resources for The Tie Goes to Freedom: Justice Anthony M. Kennedy on Liberty
It tells us that libertarianism is not an anarchical political theory. We can see why this is so by considering the fact that central to Locke’s Second Treatise arguments is the understanding that some government regulation is needed in order to protect individuals’ rights. This, in other words, is the principal reason why government should exist. Locke theorized that individuals would decide to leave a (hypothetical) state of nature in order to establish a civil (political) society with governing institutions.
These two cases involve limits on the freedom of individuals to live their lives without discrimination because of their sexual orientation. In non-race-based equal protection cases such as these, Kennedy wrote opinions providing for extensive protection of the liberty and dignity of “unpopular minorities” and the rejection of animus-based legislative justifications for discriminatory laws. In chapter 4, Kennedy’s views about the relationship between equality and liberty translate into a sharp rejection of government policies that classify individuals using race, even for the purpose of enacting programs designed to aid minorities.
16 Possession of these rights is not contingent upon adherence to any particular moral code of behavior (religious or secular). To be sure, recognition and respect for natural rights needs to exist for society to function justly, but it is equally important that any attempt at systematic enforcement of natural rights–respecting behavior not violate any of these natural rights in the process. ”17 This sounds fine, but it now generates the question: what are these natural rights? Are they just “out there”?