Thursday, September 30, 2010

Constitutional Interpretation: Textual Meaning, Original Intent, and Judicial Review.(Review): An article from: The Review of Metaphysics

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This digital document is an article from The Review of Metaphysics, published by Philosophy Education Society, Inc. on September 1, 2000. The length of the article is 626 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.

Citation Details
Title: Constitutional Interpretation: Textual Meaning, Original Intent, and Judicial Review.(Review)
Author: Gerard Casey
Publication:The Review of Metaphysics (Refereed)
Date: September 1, 2000
Publisher: Philosophy Education Society, Inc.
Volume: 54 Issue: 1 Page: 179

Article Type: Book Review

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Sunday, September 19, 2010

KENNEDY, ANTHONY MCLEOD: An entry from Thomson Gale's <i>West's Encyclopedia of American Law</i>

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“West's Encyclopedia of American Law” is 13 volumes and 5,000 entries of comprehensive information on the fascinating American Legal System and its components. Covering historical and current terms, concepts, events, movements, cases, and persons significant to U.S law, West’s has been written, updated, and reviewed by lawyers and professors with the everyday user in mind. Everyone from the layperson hooked on the weekly TV courtroom procedural to the serious student can find such valuable information as brief definitions of legal jargon, exhaustive examinations of courtroom procedure, explanations of complex topics such as civil rights, biographies of standout attorneys, analyses of controversial issues, and transcripts of crucial Supreme Court decisions.





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Wednesday, September 8, 2010

Original Meanings: Politics and Ideas in the Making of the Constitution

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From abortion to same-sex marriage, today's most urgent political debates will hinge on this two-part question: What did the United States Constitution originally mean and who now understands its meaning best? Rakove chronicles the Constitution from inception to ratification and, in doing so, traces its complex weave of ideology and interest, showing how this document has meant different things at different times to different groups of Americans.



!1: Best Buy Rakove is one of the most eminent scholars of the Founding, as well as a self proclaimed Madisonian. The thoroughness, and writing style is excellent to be sure. One of the concerns I seem to have is the tendency to use the plethora of information in a way distinctly different than that in which Madison conveyed the ideas.

An example is the mention of William Findley expressing an irony that the Dissent of the Pennsylvania Minority was used by Madison as 'good authority for the true sense of the Constitution'.* It suggests that the Pennsylvania Dissent was the exegesis. In contrast it seems Madison was recounting the numerous objections to the Constitution that the burgeoning call for the Bill of Rights had evoked. In examining the Debates on the Constitution it seems a consistent concern existed as the possible expansion of the National Powers in the Constitution. The Preamble to the Bill of Rights seems to reinforce this idea,

The Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution."



Apparently the States had certain apprehensions to a ' misconstruction', or misinterpretation. To that end Madison ushered the Bill of Rights through the First Session of the First Congress. Recent scholarship by Kurt Lash of Loyola details this rather succinctly. As does the work by Labunski in his book James Madison and the Struggle for the Bill of Rights. Professor Lash notes Madison's claim that the Ninth Amendment was 'as guarding against a latitude of interpretation' is missing from Original Meanings. What I find odd is that it is missing, yet in the work Rakove edited, The Madison Writings it is there in total. This is in Madison's speech opposing the Bank Bill.

Drew McCoy in the 'Last of the Fathers' often expressed the Madisonian idea that examining the history of the times was far more valuable than an interpretive methodology.** To that end Madison stressed from one point forward, that the Ratifying Conventions were the source of the Constitution powers. In rather explicit and implicit terms the Conventions seem to at least convey stern warning as to what the Ratifiers did not wish the Constitution to mean. Assuaging those who had apprehensions was a legitimate desire on Madison's part, for by that effort he would take passive acceptance of some and bring them to a deeper confidence of the nascent republic. Rakove posed an additional objection here as well, mentioning the ratifying Conventions were difficult to access. Madison by the testimony of Fisher Ames and others had diligently collected this from newspapers and, letters to others, so I wonder of this claim, in addition the resolutions accompanying the Ratifying Conventions were pretty explicit as to what they were not accepting.***



The scholarship the Coda the depth are admirable, but there are still a few questions out there.





* Original Meanings page 360

** Last of the Fathers 133

*** Debate on the Constitution part two 536 574
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Saturday, August 28, 2010

Reclaiming God's Original Intent for the Church

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Out of the 350,000 some churches in North America, only about 3,500 are classified as mega-churches. In fact, the average church size falls between 110-135 members. So why are so many pastors and denominations fixated on church growth? Believe it or not, size isn't God¹s primary concern for His church. The early church shows us that character, servanthood, discipleship, and following the Holy Spirit are much more important than attendance numbers.

By getting back to these core values and away from energy-sapping obsessions, authors Wes Roberts and Glenn Marshall remind pastors and church leaders why they entered the ministry in the first place.

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Book Review of Reclaiming God's Original Intent for the Church by Wes Roberts and Glenn Marshall, to be posted on Amazon.com

If you are a Christian pastor, lay leader, or "pew potato" who is tired of hearing that "bigger is better," this book is for you! In a straightforward and engaging style, the authors write about defining the "success" of Christian ministries not in secular terms, but instead measured against Biblical standards-what a novel idea! In order to reflect of the Biblical meaning of "success," we are challenged to examine the Bible carefully to see what the early (i.e. before it became institutionalized) Christian church looked like.
We find God's original intent for His church, the authors tell us, by going back to the "much older ways" of the apostolic period. In an environment which was hostile to Christianity, the early Christians were considered "weirdos"-but these weirdos were "authentically sold out to Jesus." In thirteen short chapters, Roberts and Marshall describe the early Christians who were focused on authenticity, calling, community, trusting God, and being a servant to God's people. The chief concern of the early church, the authors write, was being the people of God-far different from the norms in many Christian churches today where success is measured by how many people attend services and how many dollars are in the annual budget.
Indeed, the authors make it clear that the true meaning of being successful is found in discerning the Lord's will both individually and corporately and then in being obedient to that will. The reader is also challenged by being told that the task God calls His church to is a spiritual battle. This book would make an excellent resource and guide for an adult Christian education class. As a seminarian seeking ordination, I will keep it on my bookshelf for much future use.
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Tuesday, August 17, 2010

Hope for the future: achieving the original intent of advance directives.: An article from: The Hastings Center Report

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This digital document is an article from The Hastings Center Report, published by Thomson Gale on November 1, 2005. The length of the article is 3199 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.

Citation Details
Title: Hope for the future: achieving the original intent of advance directives.
Author: Susan E. Hickman
Publication:The Hastings Center Report (Magazine/Journal)
Date: November 1, 2005
Publisher: Thomson Gale
Volume: 35 Issue: 6 Page: S26(5)

Distributed by Thomson Gale

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Thursday, August 5, 2010

RATIFIER INTENT: An entry from Macmillan Reference USA's <i>Encyclopedia of the American Constitution</i>

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This digital document is an article from Encyclopedia of the American Constitution, brought to you by Gale®, a part of Cengage Learning, a world leader in e-research and educational publishing for libraries, schools and businesses. The length of the article is 1315 words. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser. This edition of the 1987 Dartmouth Medal-winner includes all of the material from the original four-volume set and 1992 Supplement, as well as updated original articles and new articles covering concepts and court cases since 1992.

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Sunday, July 25, 2010

JUDICIAL REVIEW: An entry from Macmillan Reference USA's <i>Encyclopedia of the American Constitution</i>

±1±: Now is the time JUDICIAL REVIEW: An entry from Macmillan Reference USA's Encyclopedia of the American Constitution Order Today!


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This digital document is an article from Encyclopedia of the American Constitution, brought to you by Gale®, a part of Cengage Learning, a world leader in e-research and educational publishing for libraries, schools and businesses. The length of the article is 4825 words. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser. This edition of the 1987 Dartmouth Medal-winner includes all of the material from the original four-volume set and 1992 Supplement, as well as updated original articles and new articles covering concepts and court cases since 1992.

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