Rule of Law Commons^™

Foreword, Joseph O'Meara

Journal Articles

The institutions which we finally succeed in achieving to preserve mankind from self-extinction—whatever they may be—will be the product of an evolutionary development, no blueprint of which is possible in advance. Hence the greatest contribution we can make, in my view, is always to press on with the next steps as they become discernible.

What are now the next steps? The purpose of our Symposium is to explore and, if possible, to illuminate that problem.

The Challenge Of The Rule Of Law, William Burnett Harvey

Articles by Maurer Faculty

No abstract provided.

Church, The State, And Mrs. Mccollum, Clarence Emmett Manion

Journal Articles

On March 8, 1948 the Supreme Court of the United States decided in substance that this language prohibits the tax-supported city school systems of the State of Illinois from assisting and encouraging general religious instruction. Just how a constitutional restriction against specified congressional action can possibly impede the activity of a local Illinois school board is an inglorious mystery of modern constitutional construction.

In one way or another however, and for one reason or many, the Court decided eight to one that when the First Amendment says "Congress" it means, among other things, a local school board and when it …

The Lawyer And The Public, Thomas Frank Konop

Journal Articles

In this address, I am purposely omitting a discussion of the subject of "Delays in Litigation" as that matter was covered by the address of Judge Cain on last Monday. Cherishing the hope that my talk may bring about a better acquaintance with, and a better understanding of the lawyer, I propose to address myself to the general public, rather than to my professional brethren. If any of you have ever attended an annual bar-banquet and there heard the usual and orthodox address on the legal profession, you undoubtedly went home impressed with the idea-whether you believed it or not-that …

Prof. Hepburn Tells Of Bill Codifying United States Law

Charles Hepburn (1918-1925)

No abstract provided.

The Consent Of The Governed, Bradley M. Thompson

Articles

The acquisition of the Philippine Islands has aroused a profound interest in certain constitutional questions. This is not to be deplored. One of those questions is the meaning, the force and effect of the statement in the Declaration of Independence that "all governments derive their just powers from the consent of the governed." That doctrine is not embodied in the constitution in those words nor in words of similar import, but some contend that the Declaration of Independence is a great beacon fire kindled by the fathers of the revolution and that in its light the constitution, afterwards adopted by …

Limits To State Control Of Private Business, Thomas M. Cooley

Articles

The present purpose is to inquire whether, in the matter of the regulation of property rights and of business, legislation has not of late been occupying doubtful, possibly unconstitutional grounds. The discussion in the main must be limited to fundamental.-principles, aided by such light as legal and constitutional history may throw upon them, since the express provisions of the constitutions can give little assistance. They always contain the general guaranty of due process of law to life, liberty, and property, but in other particulars they for the most part leave protection to principles which have come from the common law. …

The Guarantee Of Order And Republican Government In The States, Thomas M. Cooley

Articles

A short time ago, the whole country was plunged into a condition of anxiety and excitement by the conflicting claims to the executive authority in one of the States, and by the preparations made, and measures set on foot, to support them.