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Book Details :
Published on: 2012-07-06
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Original language: English

What was the intended purpose and function of the Bill of Rights Is the modern understanding of the Bill of Rights the same as that which prevailed when the document was ratified In Limited Government and the Bill of Rights, Patrick Garry addresses these questions. Under the popular modern view, the Bill of Rights focuses primarily on protecting individual autonomy interests, making it all about the individual. But in Garry’s novel approach, one that tries to address the criticisms of judicial activism that have resulted from the Supreme Court’s contemporary individual rights jurisprudence, the Bill of Rights is all about government—about limiting the power of government. In this respect, the Bill of Rights is consistent with the overall scheme of the original Constitution, insofar as it sought to define and limit the power of the newly created federal government.            Garry recognizes the desire of the constitutional framers to protect individual liberties and natural rights, indeed, a recognition of such rights had formed the basis of the American campaign for independence from Britain. However, because the constitutional framers did not have a clear idea of how to define natural rights, much less incorporate them into a written constitution for enforcement, they framed the Bill of Rights as limited government provisions rather than as individual autonomy provisions. To the framers, limited government was the constitutional path to the maintenance of liberty. Moreover, crafting the Bill of Rights as limited government provisions would not give the judiciary the kind of wide-ranging power needed to define and enforce individual autonomy.            With respect to the application of this limited government model, Garry focuses specifically on the First Amendment and examines how the courts in many respects have already used a limited government model in their First Amendment decision-making. As he discusses, this approach to the First Amendment may allow for a more objective and restrained judicial role than is often applied under contemporary First Amendment jurisprudence.            Limited Government and the Bill of Rights will appeal to anyone interested in the historical background of the Bill of Rights and how its provisions should be applied to contemporary cases, particularly First Amendment cases. It presents an innovativetheory about the constitutional connection between the principle of limited government and the provisions in the Bill of Rights. Limited Government Limited Government.com is dedicated to the restoration & protection of the important fundamental principles of the U.S. Constitution Federalism Liberty Self ... The Constitutions Structural Limitations on Power Should ... Patrick M. Garry. Patrick M. Garry is Professor of Law at the University of South Dakota School of Law. He is the author most recently of Limited Government and the ... Bill Text - SB-836 State government. This bill would notwithstanding any other law and in addition to any action available to the board authorize the board to issue a citation containing an order of ... Americans for Limited Government - Rolling Back Government ... "Americans for Limited Government stands up... to defend the most important principles in politics today." -Former Sen. Tom Coburn (R-Okla.) Liberalism and Conservatism - Regis University Moderate Political Ideologies: Liberalism and Conservatism Dr. Jim L. Riley Regis University Denver CO 1990. Moderate Ideologies along with moderate political ... Bill of Rights legal definition of Bill of Rights Bill of Rights. A declaration of individual rights and freedoms usually issued by a national government. A list of fundamental rights included in each state ... Welcome to the official South African government online site! Official entry point to South African government provides news and information along with background material about the land its people and history. Includes ... United States Bill of Rights - Wikipedia Prior to the ratification and implementation of the United States Constitution the thirteen sovereign states followed the Articles of Confederation created by the ... Bill of rights - Wikipedia A bill of rights sometimes called a declaration of rights or a charter of rights is a list of the most important rights to the citizens of a country. NH Bill of Rights - The New Hampshire Constitution Article 1. [Equality of Men; Origin and Object of Government.] All men are born equally free and independent; therefore all government of right originates from the ...
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