Inherent Rights, the Written Constitution, and Popular Sovereignty: The Founders' Understanding (World View of Social Issues)

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9780313315077: Inherent Rights, the Written Constitution, and Popular Sovereignty: The Founders' Understanding (World View of Social Issues)

In recent decades the Ninth Amendment, a provision designed to clarify that the federal government was to be one of enumerated and limited powers, has been turned into an unenumerated rights clause that effectively grants unlimited power to the judiciary. Was this the intent of the framers of the Constitution? McAffee argues that the founders had a rather different set of priorities than ours, and that the goal of enforcing fundamental human rights was not why they drafted any of the first ten amendments. They did not intend to grant to the courts the power to generate fundamental rights, whether by reference to custom or history, reason or natural law, or societal values or consensus.

It has become increasingly popular to identify our constitutional order as an experiment in the protection of fundamental human rights and to forget that it is also an experiment in self-government. As fundamental as the founding generation believed basic rights to be, they saw popular authority to make decisions about government as being even more central to the project in which they were engaged. They supported natural law and rights, but they felt strongly that those rights did not bind the people or their government unless they were inserted in the written Constitution. They did not contemplate that there would be unwritten limitations on the powers granted to government.

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About the Author:

THOMAS B. MCAFFEE is Professor of Law at the University of Nevada, Las Vegas./e He has also taught at the Southern Illinois University Law School and at the University of Utah College of Law. He has published widely on topics related to American constitutional law, theory, and history.

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"Upper-division undergraduates and graduate students."-Choice

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Book Description ABC-CLIO, United States, 2000. Hardback. Book Condition: New. New. Language: English . Brand New Book. In recent decades the Ninth Amendment, a provision designed to clarify that the federal government was to be one of enumerated and limited powers, has been turned into an unenumerated rights clause that effectively grants unlimited power to the judiciary. Was this the intent of the framers of the Constitution? McAffee argues that the founders had a rather different set of priorities than ours, and that the goal of enforcing fundamental human rights was not why they drafted any of the first ten amendments. They did not intend to grant to the courts the power to generate fundamental rights, whether by reference to custom or history, reason or natural law, or societal values or consensus. It has become increasingly popular to identify our constitutional order as an experiment in the protection of fundamental human rights and to forget that it is also an experiment in self-government. As fundamental as the founding generation believed basic rights to be, they saw popular authority to make decisions about government as being even more central to the project in which they were engaged. They supported natural law and rights, but they felt strongly that those rights did not bind the people or their government unless they were inserted in the written Constitution. They did not contemplate that there would be unwritten limitations on the powers granted to government. Bookseller Inventory # FLT9780313315077

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Book Description ABC-CLIO, United States, 2000. Hardback. Book Condition: New. New. Language: English . Brand New Book. In recent decades the Ninth Amendment, a provision designed to clarify that the federal government was to be one of enumerated and limited powers, has been turned into an unenumerated rights clause that effectively grants unlimited power to the judiciary. Was this the intent of the framers of the Constitution? McAffee argues that the founders had a rather different set of priorities than ours, and that the goal of enforcing fundamental human rights was not why they drafted any of the first ten amendments. They did not intend to grant to the courts the power to generate fundamental rights, whether by reference to custom or history, reason or natural law, or societal values or consensus. It has become increasingly popular to identify our constitutional order as an experiment in the protection of fundamental human rights and to forget that it is also an experiment in self-government. As fundamental as the founding generation believed basic rights to be, they saw popular authority to make decisions about government as being even more central to the project in which they were engaged. They supported natural law and rights, but they felt strongly that those rights did not bind the people or their government unless they were inserted in the written Constitution. They did not contemplate that there would be unwritten limitations on the powers granted to government. Bookseller Inventory # FLT9780313315077

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Book Description Greenwood Press. Hardcover. Book Condition: New. Hardcover. 379 pages. Dimensions: 9.4in. x 6.2in. x 0.8in.A major part of this book is based on work performed by several of the national organizations that are responsible for disposal of radioactive waste from nuclear reactors, with the Author involved in the research as well in the reporting. He is greatly indebted to the organizations and to their representatives that were engaged in the projects, and to the European Commission, represented by Mr Christophe Davies, that supported the work nancially and otherwise. Mr Davies services are gratefully acknowledged. The author also expresses his thanks to the following p- sons who assisted in various ways in the preparation of the book: Christer S- mar, Swedish Nuclear Fuel and Waste Management Co (SKB), Sweden; Wolf S- dler, Agence National pour la gestion des Dechets Radioactifs (ANDRA), France; Jan Verstricht, Studiecentrum voor Kernenergie-Centre dEtude de lener gie Nuc- are (SCK-CEN), Belgium; and Tilmann Rothfuchs, Gesellschaft fur Anlagen- und Reaktorsicherheit GmbH (GRS), Germany. Lund, January 2008 Roland Pusch v Acknowledgment The author expresses his thanks to the following persons who assisted in va- ous ways in the preparation of the book: Christer Svemar, Swedish Nuclear Fuel and Waste Management Co (SKB), Sweden; Wolf Seidler, Agence National pour la gestion des Dechets Radioactifs (ANDRA), France, and Tilmann Rothfuchs, Gesellschaft fur Anlagen- und Reaktorsicherheit GmbH (GRS), Germany. vii Contents Introduction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 National and International Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Basic Principle of Final Storage of Hazardous Waste . . . . . . . . . . . . . . . . . . 2 TheCROPProject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Crystalline Rock. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 SaltRock. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Argillaceous Rock and Clastic Clay. . . . . . . . . . . . . . . . . . . . . . . . . . . This item ships from multiple locations. Your book may arrive from Roseburg,OR, La Vergne,TN. Hardcover. Bookseller Inventory # 9780313315077

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