The Rule of Law in the Wake of ClintonCato Institute, 2000 - 240ÆäÀÌÁö 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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5 ÆäÀÌÁö
... noted First Amendment attorney Floyd Abrams to despair : " Even when the Administration has raised First Amendment concerns , it has done so haltingly and briefly . " And in the name of checking terror- ism , Strossen concludes ...
... noted First Amendment attorney Floyd Abrams to despair : " Even when the Administration has raised First Amendment concerns , it has done so haltingly and briefly . " And in the name of checking terror- ism , Strossen concludes ...
39 ÆäÀÌÁö
... noted above , until 1937 , few thought that that clause afforded Congress a power to spend for " the general welfare " apart from Congress's enumerated powers or ends . That idea was a product of the politics of the New Deal , not the ...
... noted above , until 1937 , few thought that that clause afforded Congress a power to spend for " the general welfare " apart from Congress's enumerated powers or ends . That idea was a product of the politics of the New Deal , not the ...
40 ÆäÀÌÁö
... noted apply with equal force here , of course . As for the Commerce Clause , recall that it was meant to enable Congress to ensure that commerce would be free from impediments , especially those coming from the states . No one is ...
... noted apply with equal force here , of course . As for the Commerce Clause , recall that it was meant to enable Congress to ensure that commerce would be free from impediments , especially those coming from the states . No one is ...
41 ÆäÀÌÁö
... noted above , everything affects commerce — the point the Court had raised five years earlier in Lopez . The clear implication — that Congress has the power to regulate anything and everything — is simply dismissed in the ...
... noted above , everything affects commerce — the point the Court had raised five years earlier in Lopez . The clear implication — that Congress has the power to regulate anything and everything — is simply dismissed in the ...
51 ÆäÀÌÁö
... noted in considering whether there was a non - APA ( that is , a nonstatutory ) basis for challenging the president's action , " [ e ] ven if the Secretary [ was ] acting at the behest of the President , this ' does not leave the courts ...
... noted in considering whether there was a non - APA ( that is , a nonstatutory ) basis for challenging the president's action , " [ e ] ven if the Secretary [ was ] acting at the behest of the President , this ' does not leave the courts ...
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19 | |
25 | |
27 | |
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 ÆäÀÌÁö - Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety.
43 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - ... 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - ... 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 ÆäÀÌÁö - 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.