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  • 1
    UID:
    almafu_BV010381534
    Format: XV, 315 S.
    ISBN: 0-8147-3066-3
    Content: Scott Douglas Gerber here argues that the Constitution of the United States should be interpreted in light of the natural rights political philosophy of the Declaration of Independence and that the Supreme Court is the institution of American government that should be primarily responsible for identifying and applying that philosophy in American life. Importantly, the theory advanced in this book - what Gerber calls "liberal originalism" - is neither consistently "liberal" nor consistently "conservative" in the modern conception of those terms. Rather, the theory is liberal in the classic sense of viewing the basic purpose of government to be safeguarding the natural rights of individuals. As Thomas Jefferson wrote in the Declaration of Independence, "to secure these rights, governments are instituted among men." In essence, Gerber maintains that the Declaration articulates the philosophical ends of our nation and that the Constitution embodies the means to effectuate those ends
    Content: From the opening chapter's bold revision of the character of the American Revolution to the closing chapter's provocative reinterpretation of many of the most famous cases in Supreme Court history, this book demonstrates the importance of approaching constitutional interpretation from more than one discipline. Indeed, Gerber's analysis reveals that the Constitution cannot be properly understood without recourse to history, political philosophy, and law
    Language: English
    Keywords: Unabhängigkeitserklärung ; Verfassungsrecht
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  • 2
    Book
    Book
    New York :New York Univ. Press,
    UID:
    almafu_BV012836920
    Format: XI, 362 S.
    ISBN: 0-8147-3114-7
    Content: Seldom has American law seen a more towering figure than "the great Chief Justice," John Marshall. Yet even while acknowledging the indelible stamp Marshall put on the Supreme Court, it is possible - in fact necessary - to examine the pre-Marshall Court, and its justices, to gain a true understanding of the origins of American constitutionalism. The ten essays in this tightly edited volume were especially commissioned for the book, each by the leading authority on their particular subject. The result is a window onto the origins of the most powerful court in the world, and onto American constitutionalism itself.
    Language: English
    Keywords: Supreme Court ; Aufsatzsammlung ; Biografie ; Biografie
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  • 3
    Book
    Book
    New York, NY [u.a.] : New York University Press
    UID:
    gbv_247814059
    Format: IX, 281 S
    ISBN: 081473099X , 0814731007
    Note: Includes bibliographical references (p. 217-270) and index
    Language: English
    Keywords: Thomas, Clarence 1948- ; Rechtsprechung ; Politik
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  • 4
    Book
    Book
    New York, NY [u.a.] : Oxford Univ. Press
    UID:
    gbv_632749830
    Format: XXII, 413 S. , 24 cm
    ISBN: 0199765871 , 019978096X , 9780199765874 , 9780199780969
    Note: Includes bibliographical references (p. [363]-396) and index , The history of ideas : from Aristotle's theory of a mixed constitution to John Adams's modifications of Montesquieu -- Article III of the Constitution of the United States -- Virginia : constitutionalizing judicial independence prior to the U.S. Constitution -- Massachusetts : a "safety-valve" theory of judicial independence -- New Hampshire : judicial review in the Rockingham County inferior court -- Maryland : Chancellor Theodorick Bland and salaries that "ought to be secured" -- Connecticut : disestablishment and judicial independence -- Rhode Island : last bastion of legislative supremacy -- North Carolina : Governor Thomas Burke and the origins of judicial review -- South Carolina : judicial review without an independent judiciary -- New Jersey : the first state court precedent for judicial review -- New York : persistent threats to judicial independence -- Pennsylvania : (almost) adopting the federal model -- Delaware : a high court of errors and appeals -- Georgia : ineffective and dependent judges -- Conclusion.
    Language: English
    Keywords: USA ; Gewaltenteilung ; Rechtsprechende Gewalt ; Eigenständigkeit ; Geschichte 1606-1787
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  • 5
    Online Resource
    Online Resource
    New York : New York University Press
    UID:
    gbv_1008647594
    Format: 1 Online-Ressource (xi, 362 pages)
    ISBN: 9780814738573 , 0814738575 , 9780814731147 , 0585349819 , 0814731147 , 9780585349817
    Content: "Seldom has American law seen a more towering figure than Chief Justice John Marshall. Indeed, Marshall is almost universally regarded as the 'father of the Supreme Court' and 'the jurist who started it all.' Yet even while acknowledging the indelible stamp Marshall put on the Supreme Court, it is possible--in fact necessary--to examine the pre-Marshall Court, and its justices, to gain a true understanding of the origins of American constitutionalism. The ten essays in this tightly edited volume were especially commissioned for the book, each by the leading authority on his or her particular subject. They examine such influential justices as John Jay, John Rutledge, William Cushing, James Wilson, John Blair, James Iredell, William Paterson, Samuel Chase, Oliver Ellsworth, and Bushrod Washington. The result is a fascinating window onto the origins of the most powerful court in the world, and on American constitutionalism itself."--JSTOR website (viewed March 7, 2017)
    Content: "Seldom has American law seen a more towering figure than Chief Justice John Marshall. Indeed, Marshall is almost universally regarded as the 'father of the Supreme Court' and 'the jurist who started it all.' Yet even while acknowledging the indelible stamp Marshall put on the Supreme Court, it is possible--in fact necessary--to examine the pre-Marshall Court, and its justices, to gain a true understanding of the origins of American constitutionalism. The ten essays in this tightly edited volume were especially commissioned for the book, each by the leading authority on his or her particular subject. They examine such influential justices as John Jay, John Rutledge, William Cushing, James Wilson, John Blair, James Iredell, William Paterson, Samuel Chase, Oliver Ellsworth, and Bushrod Washington. The result is a fascinating window onto the origins of the most powerful court in the world, and on American constitutionalism itself."--JSTOR website (viewed March 7, 2017)
    Note: Includes bibliographical references and index
    Additional Edition: ISBN 0814731147
    Additional Edition: Druck-Ausgabe
    Additional Edition: Print version Seriatim New York : New York University Press, ©1998
    Language: English
    Keywords: Electronic books
    URL: Volltext  (kostenfrei)
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  • 6
    Book
    Book
    Cambridge, UK : Cambridge University Press
    UID:
    gbv_1852987235
    Format: xv, 346 Seiten
    ISBN: 9781009289054
    Content: "Scott Douglas Gerber reveals that America has been devoted to the free exercise of religion since well before the First Amendment was ratified. An important contribution to the history of colonial America and religious liberty, this work will interest scholars of history, political science, and the law of religious freedom"--
    Content: Law - charters, statutes, judicial decisions, and traditions - mattered in colonial America, and laws about religion mattered a lot. The legal history of colonial America reveals that America has been devoted to the free exercise of religion since well before the First Amendment was ratified. Indeed, the two colonies originally most opposed to religious liberty for anyone who did not share their views, Connecticut and Massachusetts, eventually became bastions of it. By focusing on law, Scott Douglas Gerber offers new insights about each of the five English American colonies founded for religious reasons - Maryland, Rhode Island, Pennsylvania, Connecticut, and Massachusetts - and challenges the conventional view that colonial America had a unified religious history
    Note: Literaturverzeichnis: Seite 290-322 , Introduction: English Law about Religious Toleration Prior to the Planting of Colonial America; 1. Law and Catholicism in Colonial Maryland; 2. Law and the Lively Experiment in Colonial Rhode Island; 3. Law and the Holy Experiment in Colonial Pennsylvania; 4. Law and Congregationalism in Colonial Connecticut; 5. Law and a City Upon a Hill in Colonial Massachusetts; Conclusion: Law, Religion, and Historiography in Colonial America.
    Additional Edition: ISBN 9781009289092
    Additional Edition: Erscheint auch als Online-Ausgabe Gerber, Scott Douglas, - 1961- Law and religion in Colonial America Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2024 ISBN 9781009289092
    Additional Edition: ISBN 9781009289054
    Additional Edition: ISBN 9781009289047
    Language: English
    Keywords: Maryland ; Rhode Island ; Pennsylvania ; Connecticut ; Massachusetts ; Religion ; Recht ; Geschichte 1660-1775
    URL: Cover
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  • 7
    Online Resource
    Online Resource
    [Erscheinungsort nicht ermittelbar] : NYU Press
    UID:
    gbv_1877790729
    Format: 1 Online-Ressource
    ISBN: 9780814738573
    Content: Seldom has American law seen a more towering figure than Chief Justice John Marshall. Indeed, Marshall is almost universally regarded as the "father of the Supreme Court" and "the jurist who started it all." Yet even while acknowledging the indelible stamp Marshall put on the Supreme Court, it is possible--in fact necessary--to examine the pre-Marshall Court, and its justices, to gain a true understanding of the origins of American constitutionalism. The ten essays in this tightly edited volume were especially commissioned for the book, each by the leading authority on his or her particular subject. They examine such influential justices as John Jay, John Rutledge, William Cushing, James Wilson, John Blair, James Iredell, William Paterson, Samuel Chase, Oliver Ellsworth, and Bushrod Washington. The result is a fascinating window onto the origins of the most powerful court in the world, and on American constitutionalism itself
    Note: English
    Language: Undetermined
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  • 8
    Online Resource
    Online Resource
    New York : NYU Press
    UID:
    gbv_723569681
    Format: Online-Ressource (376 p.)
    ISBN: 9780814731147
    Content: Seldom has American law seen a more towering figure than Chief Justice John Marshall. Indeed, Marshall is almost universally regarded as the "father of the Supreme Court" and "the jurist who started it all.". Yet even while acknowledging the indelible stamp Marshall put on the Supreme Court, it is possible--in fact necessary--to examine the pre-Marshall Court, and its justices, to gain a true understanding of the origins of American constitutionalism. The ten essays in this tightly edited volume were especially commissioned for the book, each by the leading authority on his
    Note: Description based upon print version of record , Cover; Title Page; Copyright Page; Contents; Preface; Chapter 1 Introduction: The Supreme Court before John Marshall; Chapter 2 "Honour, Justice, and Interest": John Jay's Republican Politics and Statesmanship on the Federal Bench; Chapter 3 John Rutledge: Distinction and Declension; Chapter 4 Deconstructing William Cushing; Chapter 5 James Wilson: Democratic Theorist and Supreme Court Justice; Chapter 6 John Blair: "A Safe and Conscientious Judge"; Chapter 7 James Iredell: Revolutionist, Constitutionalist, Jurist; Chapter 8 William Paterson: Small States' Nationalist , Chapter 9 The Verdict on Samuel Chase and His "Apologist"Chapter 10 Oliver Ellsworth: "I have sought the felicity and glory of your Administration"; Chapter 11 Heir Apparent: Bushrod Washington and Federal Justice in the Early Republic; Editor's Note; Contributors; Index; About the Editor;
    Additional Edition: ISBN 9780814738573
    Additional Edition: ISBN 9780814731437
    Additional Edition: Erscheint auch als Druck-Ausgabe Seriatim : The Supreme Court Before John Marshall
    Language: English
    Keywords: Electronic books
    URL: Volltext  (lizenzpflichtig)
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