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Articles 151 - 156 of 156
Full-Text Articles in Legal History
Proposed Legislation For Enforcement Of Prohibition, Thomas Frank Konop
Proposed Legislation For Enforcement Of Prohibition, Thomas Frank Konop
Journal Articles
Under date of November 21st, 1929, the Commission on Law Observance and Enforcement made a preliminary report to the President on observance and enforcement of prohibition. Under subdivision (D) of that report, the Commission offered three methods to relieve the congestion in the Federal Courts. Although the bills are constitutional, they will not relieve congestion. Instead, the will promote fraud and lower citizens' respect for the Federal Judiciary and the Constitution.
Proximate Sources Of The Constitution, Clarence Emmett Manion
Proximate Sources Of The Constitution, Clarence Emmett Manion
Journal Articles
The average American who thinks of our Federal Document only in terms of the Philadelphia Convention may not have fully appreciated the fact that before the surrender of Cornwallis at Yorktown, every American State had already achieved its constitutional independence and had established its own organic law, by which it should not only remain free from the foreign dominion of Great Britain, but should also remain an indestructible unit in The American Federal System. He must remember that the "Articles of Confederation and Perpetual Union" which leagued the alleged sovereign and independent States, were in force at the time of …
In Re Liberty: A Book And Its Critic, Clarence Emmett Manion
In Re Liberty: A Book And Its Critic, Clarence Emmett Manion
Journal Articles
The restrictive craze of American legislators is fast reducing our once virile and individually resourceful population to a race of unthinking automatons. Judicially and otherwise, American liberty and individual competence which is its hand-maid are rapidly being lost. This article discusses the book "Losing Liberty Judicially" by Thomas James Norton and the review of the book by Robert C. Brown.
Legal Status Of The Spite Fence In Ohio, Joseph O'Meara, Herman W. Santen
Legal Status Of The Spite Fence In Ohio, Joseph O'Meara, Herman W. Santen
Journal Articles
It is generally assumed, on the authority of Letts v. Kessler, that spite fences in Ohio are within the law. In two cases language has been used indicating an adherence to the obsolescent view that spite fences may be erected with impunity, but in neither case was the question before the court for decision, so that what was said must be classed as dicta. This, then is the situation: there is not a single decision in the last twenty-one years supporting the rule of Letts v. Kessler. A careful reading of the opinion in Letts v. Kessler will show that …
Liberty And The Police Power, Clarence Emmett Manion
Liberty And The Police Power, Clarence Emmett Manion
Journal Articles
The American citizen now has practically no rights of person or property that neither Congress nor the State legislature may not impair by legislation. The adoption of the Articles of Confederation and the Federal Constitution served merely to transfer to the Federal government certain powers formerly exercised by the individual States. When all individuals were protected in the exercise of their respective rights it was never supposed that the rights of the individual were to be protected or approached through the avenues of legislation dictated by majority opinions as to what is now and again for the "general good". The …
Shrinking Bill Of Rights, Clarence Emmett Manion
Shrinking Bill Of Rights, Clarence Emmett Manion
Journal Articles
The assertion of intrinsic, God given rights correlated with the decline of monarchical power. The United States’ understanding that all men and women are endowed with unalienable rights was a long and hard-fought conclusion. However, this article argues that the Bill of Rights has gradually changed from being the bold guardian of individual liberty originally envisioned. Ironically, this change can be attributed to the courts and the legislature.