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" The fact that the right involved is of such a character that it cannot be denied without violating those " fundamental principles of liberty and justice which lie at the base of all our civil and political institutions  "
Transactions - Page 276
by Maryland State Bar Association - 1909
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The Supreme Court in American Society: Equal Justice Under Law

Kermit L. Hall - History - 2001 - 806 pages
...nearly every other form of freedom." The question in each case is whether the statute or action violates those " 'fundamental principles of liberty and justice...base of all our civil and political institutions.' " 1W Nearly all the provisions of the Bill of Rights have now been brought under the broad umbrella...
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Paul Robeson Speaks: Writings, Speeches, and Interviews, a Centennial ...

Paul Robeson - Biography & Autobiography - 1978 - 646 pages
...In Hintado and California the Court declared, "In the Fourteenth Amendment by purity of reason, it refers to that law of the land in each State, which...principles of liberty and justice which lie at the base of our civil and political institutions, and the greatest security for which resides in the right of the...
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Contemporary Political Thought: A Reader and Guide

Alan Finlayson - Philosophy - 2003 - 696 pages
...(1937) discussed the scheme of fundamental rights and asked of government action, 'Does it violate those fundamental principles of liberty and justice...base of all our civil and political institutions?' 4. United States v. Carolene Products 304 US 144 (1938), note 4, planted the seed for modern Fourteenth...
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Criminal Procedure: A Contemporary Perspective

James R. Acker, David C. Brody - Law - 2004 - 1342 pages
...variety of ways in the opinions of this Court. The question has been asked whether a right is among #+ , 5( R &m8 qZ h ˮ[ UA R Ǩ@ G + ( KM xw a pD>y 7 K ^ O ; ' 𤁇oSqpq ߹ x W " Powell v. State of Alabama, 287 US 45, 67, 53 S. Ct. 55, 77 L.Ed. 158 (1932); whether it is "basic...
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Constructing Civil Liberties: Discontinuities in the Development of American ...

Ken I. Kersch - History - 2004 - 404 pages
...status got off to a cautious start (in 1937, Justice Cardozo could state only that preference was due to those "fundamental principles of liberty and justice...base of all our civil and political institutions"), new problems eventually pushed the Court to work to refine state policy concerning the substantive...
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Rights, Liberties & the Rule of Law

Maryann Zihala - Law - 2005 - 234 pages
...language to the contrary in Hurtado v. California, 110 US 516 (1884), the Fourteenth Amendment "embraced" those "fundamental principles of liberty and justice...base of all our civil and political institutions," even though they had been "specifically dealt with in another part of the federal Constitution." In...
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Law in the Health and Human Services

Donald T. Dickson - Law - 2010 - 662 pages
...process "a concept less rigid and more fluid" than other parts of the Bill of Rights. It has to do with those "fundamental principles of liberty and justice...base of all our civil and political institutions." 3. In Betts, the Court suggested that the defendant was of average intelligence, had been in criminal...
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Deliberative Democracy in America: A Proposal for a Popular Branch of Government

Ethan J. Leib - Political Science - 2010 - 188 pages
...suggested before (see deLeon 1997). 14. Legislatures, too, should retain their emergency powers. violating those 'fundamental principles of liberty and justice...base of all our civil and political institutions.'" (citations omitted) But it is hardly clear that judges are institutionally competent, as our current...
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The Boundaries of Her Body: The Troubling History of Women's Rights in America

Debran Rowland - History - 2004 - 834 pages
...was "whether the right involved 'is of such a character' that it cannot be denied without violating those fundamental principles of liberty and justice...base of all our civil and political institutions." In applying this standard to the case, the justices held that they did not "believe. . .a right to...
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Cracking the AP U. S. Government and Politics, 2004-2005

Tom Meltzer, Princeton Review (Firm), Paul Levy - Education - 2004 - 292 pages
...Supreme Court Justice Benjamin Cardozo said that the First Amendment of the Bill of Rights contains "the fundamental principles of liberty and justice which...base of all our civil and political institutions." It guarantees all US citizens these fundamental rights and protections: • Freedom of religion. The...
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