Constitutional Law. Racial Segregation by Interstate Carrier Held Valid

1949 ◽  
Vol 35 (2) ◽  
pp. 279
Keyword(s):  
Constitutional Law ◽  
Racial Segregation

Constitutional Law in 1957–1958

1959 ◽  
Vol 53 (1) ◽  
pp. 138-180
Author(s):  
David Fellman
Keyword(s):  
Public Schools ◽  
Supreme Court ◽  
Constitutional Law ◽  
Racial Segregation ◽  
Loyalty Programs ◽  
Annual Conference ◽  
Great Weight ◽  
The Supreme Court ◽  
The Difference ◽  
The One

There was no change in the personnel of the Supreme Court during the 1957 Term. Nor was there any let-up in attacks upon the Court arising from its recent decisions regarding such touchy subjects as racial segregation in public schools, loyalty programs, the powers of legislative investigating committees, and subversive persons and activities. A great deal of this criticism travelled a pretty low road, but some came from high and responsible sources, such as Learned Hand. Of great weight was a resolution adopted by the annual Conference of (State) Chief Justices on August 24, 1958, by a vote of 36 to 8, which affirmed its faith in traditional federalism and urged the Supreme Court to “exercise one of the greatest of all judicial powers—the power of judicial selfrestraint—by recognizing and giving effect to the difference between that which on the one hand, the Constitution may prescribe or permit, and that which, on the other, a majority of the Supreme Court, as from time to time constituted, may deem desirable or undesirable ….”

Constituting Scotland

2016 ◽  
Author(s):  
W. Elliot Bulmer
Keyword(s):  
Constitutional Law ◽  
Constitutional Theory ◽  
Constitutional Design ◽  
Global Trends ◽  
National Movement ◽  
Comparative Constitutional Law ◽  
Constitutional Thought ◽  
Scottish Government ◽  
Historical Trajectory ◽  
Constitutional Tradition

The rise of the Scottish national movement has been accompanied by the emergence of distinct constitutional ideas, claims and arguments, which may affect constitutional design in any future independent Scotland. Drawing on the fields of constitutional theory, comparative constitutional law, and Scottish studies, this book examines the historical trajectory of the constitutional question in Scotland and analyses the influences and constraints on the constitutional imagination of the Scottish national movement, in terms of both the national and international contexts. It identifies an emerging Scottish nationalist constitutional tradition that is distinct from British constitutional orthodoxies but nevertheless corresponds to broad global trends in constitutional thought and design. Much of the book is devoted to the detailed exposition and comparative analysis of the draft constitution for an independent Scotland published by the SNP in 2002. The 2014 draft interim Constitution presented by the Scottish Government is also examined, and the two texts are contrasted to show the changing nature of the SNP’s constitutional policy: from liberal-procedural constitutionalism in pursuit of a more inclusive polity, to a more populist and majoritarian constitutionalism.

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