Listing every right that a constitution should protect is hard. American constitution drafters often list a few famous rights such as freedom of speech, protection against unreasonable searches and ...seizures, and free exercise of religion, plus a handful of others. However, we do not need to enumerate every liberty because there is another way to protect them: an ""etcetera clause."" It states that there are other rights beyond those specifically listed: ""The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."" Yet scholars are divided on whether the Ninth Amendment itself actually does protect unenumerated rights, and the Supreme Court has almost entirely ignored it. Regardless of what the Ninth Amendment means, two-thirds of state constitutions have equivalent provisions, or ""Baby Ninth Amendments,"" worded similarly to the Ninth Amendment. This book is the story of how the ""Baby Ninths"" came to be and what they mean. Unlike the controversy surrounding the Ninth Amendment, the meaning of the Baby Ninths is straightforward: they protect individual rights that are not otherwise enumerated. They are an ""etcetera, etcetera"" at the end of a bill of rights. This book argues that state judges should do their duty and live up to their own constitutions to protect the rights ""retained by the people"" that these ""etcetera clauses"" are designed to guarantee. The fact that Americans have adopted these provisions so many times in so many states demonstrates that unenumerated rights are not only protected by state constitutions, but that they are popular. Unenumerated rights are not a weird exception to American constitutional law. They are at the center of it. We should start treating constitutions accordingly.
Review of the book No razza, sì cittadinanza, which analyses the appropriateness of maintaining the word razza (“race”) within the Italian Constitution (Article 3), following the definitive ...falsification by genetics of the presumed existence of different races within the human species.
The Civil War placed the U.S. Constitution under unprecedented--and, to this day, still unmatched--strain. In Lincoln and the Triumph of the Nation, Pulitzer Prize-winning historian Mark Neely ...examines for the first time in one book the U.S. Constitution and its often overlooked cousin, the Confederate Constitution, and the ways the documents shaped the struggle for national survival. Previous scholars have examined wartime challenges to civil liberties and questions of presidential power, but Neely argues that the constitutional conflict extended to the largest questions of national existence. Drawing on judicial opinions, presidential state papers, and political pamphlets spiced with the everyday immediacy of the partisan press, Neely reveals how judges, lawyers, editors, politicians, and government officials, both North and South, used their constitutions to fight the war and save, or create, their nation. Lincoln and the Triumph of the Nation illuminates how the U.S. Constitution not only survived its greatest test but emerged stronger after the war. That this happened at a time when the nation's very existence was threatened, Neely argues, speaks ultimately to the wisdom of the Union leadership, notably President Lincoln and his vision of the American nation.
Droit national MARTIN, Gilles
Revue juridique de l'environnement,
01/2017, Volume:
42, Issue:
2
Journal Article
Peer reviewed
Droit pénal Poursuite en diffamation d’un enseignant chercheur en droit et de l’éditeur d’une revue juridique pour avoir publié le commentaire d’un jugement condamnant plusieurs sociétés du même ...groupe et certains dirigeants pour « trafic de déchets dangereux ». Caractère abusif de la constitution de parties civile.
Why did enduring traditions of economic and political liberty emerge in Western Europe and not elsewhere? Representative democracy, constitutionalism, and the rule of law are crucial for establishing ...a just and prosperous society, which we usually treat as the fruits of the Renaissance and Enlightenment, as Western European societies put the Dark Ages behind them. In The Medieval Constitution of Liberty, Salter and Young point instead to the constitutional order that characterized the High Middle Ages. They provide a historical account of how this constitutional order evolved following the fall of the Western Roman Empire. This account runs from the settlements of militarized Germanic elites within the imperial frontiers, to the host of successor kingdoms in the sixth and seventh centuries, and through the short-lived Carolingian empire of the late eighth and ninth centuries and the so-called “feudal anarchy” that followed its demise. Given this unique historical backdrop, Salter and Young consider the resulting structures of political property rights. They argue that the historical reality approximated a constitutional ideal type, which they term polycentric sovereignty. Salter and Young provide a theoretical analysis of polycentric sovereignty, arguing that bargains between political property rights holders within that sort of constitutional order will lead to improvements in governance.
The Cover Feature highlights the Latin American culture with an emblem that is the accordion and how the versatility of the amino group resembles the musical notes that appropriately combined exhibit ...multiple dynamics in the hydrazones. Each highlighted hydrazone‐based system represents one type of dynamism: conformational (orange), configurational (blue), and constitutional (green). The harmonic box contains the words “amino group” to remark the particularly important role of the N–H group in each of those processes observed in hydrazone‐based molecular and supramolecular systems. The authors thank Alejandro Ijaji for the extraordinary design of the cover, following the concept given by the authors. More information can be found in the Review by M. N. Chaur et al.
The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. InRestoring the Lost Constitution, Randy Barnett argues that since ...the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost.
Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a "presumption of liberty" to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people.
As clearly argued as it is insightful and provocative,Restoring the Lost Constitutionforcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond.
This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.
Here in a beautifully bound cloth gift edition are the two founding documents of the United States of America: the Declaration of Independence (1776), our great revolutionary manifesto, and the ...Constitution (1787-88), in which "We the People" forged a new nation and built the framework for our federal republic. Together with the Bill of Rights and the Civil War amendments, these documents constitute what James Madison called our "political scriptures," and have come to define us as a people. Now a Pulitzer Prize-winning historian serves as a guide to these texts, providing historical contexts and offering interpretive commentary.
According to traditional Chinese medicine theory, a Qi-deficiency constitution is characterized by a lower voice frequency, shortness of breath, reluctance to speak, an introverted personality, ...emotional instability, and timidity. People with Qi-deficiency constitution are prone to repeated colds and have a higher probability of chronic diseases and depression. However, a person with a Balanced constitution is relatively healthy in all physical and psychological aspects. At present, the determination of whether one has a Qi-deficiency constitution or a Balanced constitution are mostly based on a scale, which is easily affected by subjective factors. As an objective method of diagnosis, the human voice is worthy of research. Therefore, the purpose of this study is to improve the objectivity of determining Qi-deficiency constitution and Balanced constitution through one's voice and to explore the feasibility of deep learning in TCM constitution recognition.
The voices of 48 subjects were collected, and the constitution classification results were obtained from the classification and determination of TCM constitutions. Then, the constitution was classified according to the ResNet residual neural network model.
A total of 720 voice data points were collected from 48 subjects. The classification accuracy rate of the Qi-deficiency constitution and Balanced constitution was 81.5% according to ResNet. The loss values of the model training and test sets gradually decreased to 0, while the ACC values of the training and test sets tended to increase, and the ACC values of the training set approached 1. The ROC curve shows an AUC value of 0.85.
The Qi-deficiency constitution and Balanced constitution determination method based on the ResNet residual neural network model proposed in this study can improve the efficiency of constitution recognition and provide decision support for clinical practice.
