Civil Rights and Civil Liberties – Crime, Punishment, and Constitutional Intepretation
Articles | Blog

Civil Rights and Civil Liberties – Crime, Punishment, and Constitutional Intepretation

>>The 8th Amendment states that “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” Like other Constitutional provisions, though, the prohibitions against cruel and unusual punishment cry out for interpretation (sorry to be so dramatic). What is cruel? What is unusual? In Supreme Court jurisprudence and in popular […]

Continue Reading...

Incorporation: The Bill of Rights & the States
Articles | Blog

Incorporation: The Bill of Rights & the States

♪ MUSIC ♪ I’m gonna talk today, our first round, about a fairly complex issue, but one that I hope you’ll find interesting. It’s the doctrine of incorporation. I’m gonna set the stage with a story; we’re gonna back in time, pre-Civil War, John Marshall is Chief Justice of the United States, and a guy […]

Continue Reading...

Law and Justice – Citizen and State – 8.7 Aristotle and Constitutional Thought
Articles | Blog

Law and Justice – Citizen and State – 8.7 Aristotle and Constitutional Thought

>>>>Aristotle’s “Politics” offers one of the most influential accounts of constitutional theory in all of history. Aristotle is a great philosopher about the nature of constitutions, and he’s a great observer of the experiments in constitutionalism that had taken place across the Greek world in the classical period. And his “Politics” reflects on those experiences, […]

Continue Reading...