The Rule of Law in the Wake of Clinton

앞표지
Now that the Clinton Presidency has drawn to a close, political analysts and historians will study his administration and policies for some time to determine what his legacy will be.

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목차

1 Civilization Progress and the Rule of Law
19
THE ABUSE OF THE CONSTITUTION
25
2 Ignoring Constitutional Limits
27
3 Expanding Executive Power
47
4 Speech and Privacy
69
5 Crime Drugs and Forfeiture
85
6 Property Rights and Economic Regulation
99
THE CLEAREST CASES
109
9 The War on Guns
135
10 The War on Microsoft
145
11 Politicizing the Justice Department
151
12 The Imperial President Abroad
159
THE GUARDIANS OF LAW FAIL
181
13 The Political Parties
183
14 The Bar and the Legal Academy
207
15 The Media and the Cultural Institutions
231

7 Scandal Corruption and the Rule of Law
111
THE ABUSE OF COMMON LAW STATUTE AND LEGAL INSTITUTIONS
119
8 The War on Tobacco
121
Contributors
237
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79 페이지 - Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety.
43 페이지 - They would contain various exceptions to powers not granted, and on this very account would afford a colorable pretext to claim more than were granted; for why declare that things shall not be done which there is no power to do?
60 페이지 - But the great security against a gradual concentration of the several powers in the same department, consists in giving to those who administer each department the necessary constitutional means and personal motives to resist encroachments of the others.
45 페이지 - It is made for people of fundamentally differing views, and the accident of our finding certain opinions natural and familiar or novel and even shocking ought not to conclude our judgment upon the question whether statutes embodying them conflict with the Constitution of the United States.
85 페이지 - The presence of a search warrant serves a high function. Absent some grave emergency, the Fourth Amendment has interposed a magistrate between the citizen and the police.
2 페이지 - Could they be happier without it, the law, as a useless thing, would of itself vanish ; and that ill deserves the name of confinement, which hedges us in only from bogs and precipices. So that however it may be mistaken, the end of law is not to abolish or restrain, but to preserve and enlarge freedom.
86 페이지 - ... haven for illegal activities. It was done so that an objective mind might weigh the need to invade that privacy in order to enforce the law. The right of privacy was deemed too precious to entrust to the discretion of those whose job is the detection of crime and the arrest of criminals.
44 페이지 - Whereas, our tenet ever .was, and, indeed, it is almost the only landmark which now divides the federalists from the republicans, that Congress had not unlimited powers to provide for the general welfare, but were restrained to those specifically enumerated ; and that, as it was never meant they should provide for that welfare but by the exercise of the enumerated powers, so it could not have been meant they should raise money for purposes which the enumeration did not place under their...
67 페이지 - ... means the whole or a part of an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy or describing the organization, procedure, or practice requirements of an agency...
107 페이지 - If there was any one object riding over every other in the adoption of the constitution, it was to keep the commercial intercourse among the states free from all invidious and partial restraints.

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