The Path of Constitutional Law: Continuity Crossroads Crisis

The path of constitutional law has indeed run through the Nation’s most pivotal events and controversies—from the Civil War to the Cold War, from industrialization to the computer age, and from states’ rights to civil rights. How well has the Constitution mediated society’s most basic conflicts? What are the most important issues that remain unsettled in constitutional law? And can our Constitution be readily adapted to the challenges on the horizon? In this presentation from UC Berkeley School of Law, six of the nation’s top legal scholars address these questions and more. [10/2005] [Public Affairs] [Show ID: 11153]

Duration : 0:56:36


Post Author: mark

8 thoughts on “The Path of Constitutional Law: Continuity Crossroads Crisis

    Superlibertytv

    (February 13, 2010 - 9:29 am)

    Oh yeah, and one …
    Oh yeah, and one last point… you can site all the law you want to in order to make your points, but whenever a government operates in a manner outside of protecting the natural rights of each individual in this country, it is in direct opposition to the American philosophy that our nation adopted, and we MUST throw off such laws and institute new ones. Even if it is an Amendment to the Constitution. There is and never will be a right to housing or healthcare. Rights are natural.

    Superlibertytv

    (February 13, 2010 - 9:29 am)

    Our nation, from …
    Our nation, from the birth to today has yet to live up to the ideals that were espoused in our Declaration of Independence, but yet you hold our slave holding founders to their ideals as if it was a reality that you can have an idea one minute and make it into reality the very next. We have always struggled to live out the true meaning of our American Creed, but now today, we have forgotten that creed and are quick to set it aside for ideals of the old world as if it were new ideas. That’s sad.

    Superlibertytv

    (February 13, 2010 - 9:29 am)

    Your reference to …
    Your reference to Jefferson’s quote in the text in which you wrote it is in fact stating that Jefferson would consider himself a barbarous ancestor…

    Furthermore, saying that to progress towards a more socialist type of society is growing up is contrary to reality and has been done for thousands of years already. Our Constitution was written in the spirit of our Declaration of Independence which was inspired by John Locke’s essays.

    AboveAllNations

    (February 13, 2010 - 9:29 am)

    Furthermore, what …
    Furthermore, what our unelected slave-owning “forefathers” wanted is not a conclusive factor in determining the proper interpretation of our living Constitution.

    If we had to obey the original intent of the framers, for example, then the 14th Amendment wouldn’t prohibit segregated schools.

    “We might as well require a man to wear still the coat which fitted him when a boy, as civilized society to remain ever under the regiment of their barbarous ancestors.” – Thomas Jefferson

    AboveAllNations

    (February 13, 2010 - 9:29 am)

    1. Subsequent …
    1. Subsequent Amendments to the Constitution (15, 19, 23, 24, 26) have emphasized that, yes, we live in a representative democracy, and the right to vote is sacred.
    2. The Constitution’s original purpose was to establish a strong federal government in response to the failure of the “limited government” under the Articles of Confederation.
    3. Just as people have implied rights (i.e., privacy), the govt has implied powers (see Necessary & Proper clause, and the unanimous Md v. McCulloch case)

    AboveAllNations

    (February 13, 2010 - 9:29 am)

    “Before anyone …
    “Before anyone starts demanding money, property and health care for all, maybe you should consider that in order to have the government give someone something, they have to take it away from someone else by force who legitimately earned it.”

    Almost all private property is distributed on an arbitrary basis. Your capacity to “earn” property is affected by the circumstances of your birth: your class, your gender, your genes, your opportunities. Society must guarantee a min. standard of living.

    Superlibertytv

    (February 13, 2010 - 9:29 am)

    The right to …
    The right to Housing created our current economic crisis, but now we are talking about right to health care? Before anyone starts demanding money, property and health care for all, maybe you should consider that in order to have the government give someone something, they have to take it away from someone else by force who legitimately earned it. Always be suspicious of Rich people wanting to change the law so poor people can have financial equality. They could donate millions themselves.

    Superlibertytv

    (February 13, 2010 - 9:29 am)

    Facts why these …
    Facts why these people don’t know what they are talking about.
    1. The Constitution guarantees a Republican form of Government, not a Democracy of any sort, the forefathers were opposed to Democracies, look it up.
    2. The Constitution’s role is to limit government, not the People.
    3. We hold certain rights, not specific rights. The Certain(indisputable)rights are too many to enumerate, while the government’s power is specific and enumerated in the Constitution.
    These people are socialists!

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