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Taking into account the political and intellectual forces that shape Supreme Court decisions, Constitutional Debate in Action examines how and why the United States Constitution continues to grow and adapt to human wants, passions, and values. Not your traditional constitutional-law textbook, this three volume set views the Constitution as an institutionalized form of debate by which people press their political demands and arguments upon the Supreme Court. Each volume examines in depth five landmark decisions. Governmental Powers covers: The Power of Judicial Review, The Commerce Power, The W
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This is the second volume of the Report of judgments, orders and advisory opinions of the African Court on Human and Peoples' Rights. This volume covers decisions from 2017 to 2018.The volume includes all the Judgments, including Separate and Dissenting Opinions, Advisory Opinions, Rulings, Decisions, Procedural Orders and Orders for Provisional Measures adopted by the Court during the period under review. Each case has a headnote setting out a brief summary of the case followed by keywords indicating the paragraphs of the case in which the Court discusses the issue.A subject index at the start of the reports indicates which cases discuss a particular issue.This index is divided into sections on general principles and procedure, and substantive issues.
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Listing every right that a constitution should protect is hard. American constitution drafters often list a few famous rights such as freedom of speech, protection against unreasonable searches and seizures, and free exercise of religion, plus a handful of others. However, we do not need to enumerate every liberty because there is another way to protect them: an "etcetera clause." It states that there are other rights beyond those specifically listed: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." Yet scholars are divided on whether the Ninth Amendment itself actually does protect unenumerated rights, and the Supreme Court has almost entirely ignored it. Regardless of what the Ninth Amendment means, two-thirds of state constitutions have equivalent provisions, or "Baby Ninth Amendments," worded similarly to the Ninth Amendment. This book is the story of how the "Baby Ninths" came to be and what they mean. Unlike the controversy surrounding the Ninth Amendment, the meaning of the Baby Ninths is straightforward: they protect individual rights that are not otherwise enumerated. They are an "etcetera, etcetera" at the end of a bill of rights. This book argues that state judges should do their duty and live up to their own constitutions to protect the rights "retained by the people" that these "etcetera clauses" are designed to guarantee. The fact that Americans have adopted these provisions so many times in so many states demonstrates that unenumerated rights are not only protected by state constitutions, but that they are popular. Unenumerated rights are not a weird exception to American constitutional law. They are at the center of it. We should start treating constitutions accordingly.
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