By Jr. Otis H.(Otis H. Stephens Jr.) Stephens, II John M. Scheb
AMERICAN CONSTITUTIONAL legislation, Volumes I and II, combines circumstances, judgements, and authorial statement to maximise your studying and realizing during this direction. those entire volumes hide the whole diversity of issues in constitutional legislations. all the chapters contains a longer essay supplying the criminal, historic, political, and cultural contexts for the set of edited judgements from the U.S. superb courtroom case that follows. In making a choice on, modifying, and updating the fabrics, the authors emphasize fresh traits in significant components of constitutional interpretation. whilst, the authors comprise many landmark judgements, a few of which continue significance as precedents whereas others illustrate the temporary nature of constitutional interpretation. as the publication presents a very good stability of selections and authorial remark, this article appeals to teachers of legislation in addition to teachers of political technological know-how.
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It will be borne in mind that this is not a question of the power to proclaim martial law, when war exists in a community and the courts and civil authorities are overthrown. Nor is it a question what rule a military commander, at the head of his army, can impose on states in 33 rebellion to cripple their resources and quell the insurrection. The jurisdiction claimed is much more extensive. The necessities of the service, during the late Rebellion, required that the loyal states should be placed within the limits of certain military districts and commanders appointed in them; and, it is urged, that this, in a military sense, constituted them the theater of military operations; and, as in this case, Indiana had been and was again threatened with invasion by the enemy, the occasion was furnished to establish martial law.
W]e are unable to conceive upon what theory the exaction by government from the citizen of the performance of his supreme and noble duty of contributing to the defense of the rights and honor of the nation as the result of a war declared by the great representative body of the people can be said to be the imposition of involuntary servitude in violation of the prohibitions of the Thirteenth Amendment. . THE FOURTEENTH AMENDMENT Without question, the most important amendment to the Constitution outside of the Bill of Rights is the Fourteenth Amendment.
The courts have also relied upon the Equal Protection Clause in seeking to ensure fundamental fairness in the political process (see Chapter 8). The State Action Doctrine Normally one thinks of the Fourteenth Amendment, as well as the provisions of the Bill of Rights, as placing constraints on government action. The Supreme Court has said on numerous occasions, the first being in The Civil Rights Cases (1883), that the prohibitions of the Fourteenth Amendment apply to state action but not to actions by private individuals or corporations.