Constitution

About: Constitution is a research topic. Over the lifetime, 37828 publications have been published within this topic receiving 435603 citations.

Making Civil Rights Law: Thurgood Marshall and the Supreme Court, 1936-1961

Abstract: From the 1930s to the early 1960s civil rights law was made primarily through constitutional litigation. Before Rosa Parks could ignite a Montgomery Bus Boycott, the Supreme Court had to strike down the Alabama law which made segregated bus service required by law; before Martin Luther King could march on Selma to register voters, the Supreme Court had to find unconstitutional the Southern Democratic Party's exclusion of African-Americans; and before the March on Washington and the Civil Rights Act of 1964, the Supreme Court had to strike down the laws allowing for the segregation of public graduate schools, colleges, high schools, and grade schools. Making Civil Rights Law provides a chronological narrative history of the legal struggle, led by Thurgood Marshall and the NAACP Legal Defense Fund, that preceded the political battles for civil rights. Drawing on interviews with Thurgood Marshall and other NAACP lawyers, as well as new information about the private deliberations of the Supreme Court, Tushnet tells the dramatic story of how the NAACP Legal Defense Fund led the Court to use the Constitution as an instrument of liberty and justice for all African-Americans. He also offers new insights into how the justices argued among themselves about the historic changes they were to make in American society. Making Civil Rights Law provides an overall picture of the forces involved in civil rights litigation, bringing clarity to the legal reasoning that animated this "Constitutional revolution", and showing how the slow development of doctrine and precedent reflected the overall legal strategy of Thurgood Marshall and the NAACP.

The minority of Henry III

Abstract: This is an account of the period in English history that determined the course of the English monarchy and set in motion the forces that ultimately led to parliamentary government. Aimed at students and general readers interested in British Medieval and constitutional history. Henry came to power in 1216 aged just nine. The crown was in great danger. It faced financial ruin, a rampaging French prince and enormous power in the hands of the magnates. The English Kingdom was on the edge of disintegrating into a series of principalities with the king as primus inter pares. However, by the time Henry came of age in 1227 his rule was unchallenged. The structure of government had been rebuilt and the Crown's resources reassembled. Moreover, it was in this period that Magna Carta came to be accepted by both King and barons as fundamental to the constitution. It embodied notions of royal restraint and baronial consent which came to form a permanent part of practical political thinking.

The Political Theory of The Federalist

Abstract: In "The Political Theory of "The Federalist,"" David F. Epstein offers a guide to the fundamental principles of American government as they were understood by the framers of the Constitution. Epstein here demonstrates the remarkable depth and clarity of The Federalist's argument, reveals its specifically political (not merely economic) view of human nature, and describes how and why the American regime combines liberal and republican values.

'Pwani C Kenya'? Memory, documents and secessionist politics in coastal Kenya

Abstract: Following the elections of 2007, there was a significant increase in public expressions of secessionist feeling on the Kenya coast. During 2010 and 2011, one manifestation of this was the emergence of the Mombasa Republic Council (MRC), which demands independence for the coastal region. The language of secessionism is historical, and revisits the vivid political debates of the late 1950s and early 1960s, when politics in coastal Kenya revolved successively around two constitutional issues. The first was the possibility that the Ten-Mile Strip, nominally the sovereign territory of the Sultan of Zanzibar, might not become a part of independent Kenya; the second was the ‘regionalist’ constitution of 1963–4. This article explores the way that people now retell the history of earlier debates, and argues that these retellings suggest both the power and the plasticity of claims to historical knowledge, and that they reveal a profound fault line within ‘secessionist’ opinion, which separates those who claim political primacy on the basis of autochthony from those who locate their claim to independence in the language of colonial-era treaties. Such divisions are important, because they shape the way that secessionist arguments are framed, and the potential for secessionist politics to undermine the unity of the Kenyan state.

Traditional Chinese Medicine and Constitutional Medicine in China, Japan and Korea: A Comparative Study

Abstract: Traditional Chinese medicine (TCM), Japanese-Chinese medicine, and Korean Sasang constitutional medicine have common origins. However, the constitutional medicines of China, Japan, and Korea differ because of the influence of geographical culture, social environment, national practices, and other factors. This paper aimed to compare the constitutional medicines of China, Japan, and Korea in terms of theoretical origin, constitutional classification, constitution and pathogenesis, clinical applications and basic studies that were conducted. The constitutional theories of the three countries are all derived from the Canon of Internal Medicine or Treatise on Febrile and Miscellaneous Diseases of Ancient China. However, the three countries have different constitutional classifications and criteria. Medical sciences in the three countries focus on the clinical applications of constitutional theory. They all agree that different pathogenic laws that guide the treatment of diseases govern different constitutions; thus, patients with different constitutions are treated differently. The three countries also differ in terms of drug formulations and medication. Japanese medicine is prescribed only based on constitution. Korean medicine is based on treatment, in which drugs cannot be mixed. TCM synthesize the treatment model of constitution differentiation, disease differentiation and syndrome differentiation with the treatment thought of treating disease according to three categories of etiologic factors, which reflect the constitution as the characteristic of individual precision treatment. In conclusion, constitutional medicines of China, Japan, and Korea have the same theoretical origin, but differ in constitutional classification, clinical application of constitutional theory on the treatment of diseases, drug formulations and medication.