Constitutional Convention was called in 1875

Constitutional Convention in 1875

The lower courts consistently point to one paragraph in particular from the Heller decision. Nothing in the opinion, Scalia wrote, shouldbe taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.This paragraph from the pen of Justice Scalia, the foremost proponent of constitutional originalism, was astounding. True, the Founders imposed gun control, but they had no laws resembling Scalia’s list of Second Amendment exceptions. They had no laws banning guns in sensitive places, or laws prohibiting the mentally ill from possessing guns, or laws requiring commercial gun dealers to be licensed. Such restrictions are products of the 20th century. Justice Scalia, in other words, embraced a living Constitution.

Others, including law enforcement groups, warn that the bill could make things more dangerous for Ohioans and first responders.

regimes that formally designate the vice president asthe successor are more likely to undergo peaceful transitions

Instead of securing fundamental rights grounded in nature, government—operating under a new theory of the “living” Constitution—should constantly evolve to secure evolving rights.

e Constitutional Convention. I t had begun i n Philadelphia on May 25, 1 787, months after Samuel S tan-hope Smith had addressed some of t he delegates on race.

Is the freedom of the individual served by neoliberalism? Centrality of the state for this freedom, which NL denies. “neoliberal thinkers deliberately sustain the fiction that ‘the market economy’ is a natural and spontaneous order that must be placed beyond politics … The question of how authority can be something other than domination and private power shaped the ideas and action of those who built the tradition of constitutional democracy in western societies from the 16th to the 20th centuries … basic needs were those that had to be met before the individual could practically enact the status of a free subject or person. It was such needs provision that made it possible for individuals to be both personally secure and to enjoy an equality of opportunity to develop as individuals free to discover their talents and gifts … the representation of market society as a spontaneous order is pitched to the punters while, within the tent of the doctrine’s initiates, it is fully understood that the state has to be both a strong state, and to be re-engineered in order to impose neoliberal institutional design.” YeatmanFreedom.pdf

“Constitutional patriotism” means cultural pluralism: “a constitutional integration-policy is incompatible with the legal obligation upon immigrants of a different origin to subject their life-style to an all-inclusive majority culture. Rather, it demands the differentiation between a majority culture rooted in the country and a political culture embracing all citizens equally.” (reference)

“Constitutional patriotism”—as understood by those who originally put forward the idea and as understood in this essay—designates the idea that political attachment ought to center on the norms, the values and, more indirectly, the procedures of a liberal democratic constitution. Put differently, political allegiance is owed primarily neither to a national culture, as proponents of liberal nationalism have claimed, nor to “the worldwide community of human beings,” as, for instance, Martha Nussbaum’s conception of cosmopolitanism has it. Constitutional patriotism offers a vision distinct from both nationalism and cosmopolitanism, but also from republican patriotism as traditionally understood in, broadly speaking, the history of Euro-American political thought.” (Müller)

convenient & proper part of the State for the University of Virginia.

I n T h e T r a d e - M a r k C a s e s , t h e C o u r t a d d r e s s e d t h e c o n s t i t u t i o n a l s c o p e o f " w r i t i n g s . " F o r a p a r t i c u l a r w o r k t o b e c l a s s i f i e d " u n d e r t h e h e a d o f w r i t i n g s o f a u t h o r s , " t h e C o u r t d e t e r m i n e d , " o r i g i n a l i t y i s r e q u i r e d . " 1 0 0 U . S . , a t 9 4 . T h e C o u r t e x p l a i n e d t h a t o r i g i n a l i t y r e q u i r e s i n d e p e n d e n t c r e a t i o n p l u s a m o d i c u m o f c r e a t i v i t y : " [ W ] h i l e t h e w o r d w r i t i n g s m a y b e l i b e r a l l y c o n s t r u e d , a s i t h a s b e e n , t o i n c l u d e o r i g i n a l d e s i g n s f o r e n g r a v i n g , p r i n t s , & c . , i t i s o n l y s u c h a s a r e o r i g i n a l , a n d a r e f o u n d e d i n t h e c r e a t i v e p o w e r s o f t h e m i n d . T h e w r i t i n g s w h i c h a r e t o b e p r o t e c t e d a r e t h e f r u i t s o f i n t e l l e c t u a l l a b o r , e m b o d i e d i n t h e f o r m o f b o o k s , p r i n t s , e n g r a v i n g s , a n d t h e l i k e . " I b i d . ( e m p h a s i s i n o r i g i n a l ) .

O r i g i n a l i t y i s a c o n s t i t u t i o n a l r e q u i r e m e n t . T h e s o u r c e o f C o n g r e s s ' p o w e r t o e n a c t c o p y r i g h t l a w s i s A r t i c l e I , § 8 , c l . 8 , o f t h e C o n s t i t u t i o n , w h i c h a u t h o r i z e s C o n g r e s s t o " s e c u r [ e ] f o r l i m i t e d T i m e s t o A u t h o r s . . . t h e e x c l u s i v e R i g h t t o t h e i r r e s p e c t i v e W r i t i n g s . " I n t w o d e c i s i o n s f r o m t h e l a t e 1 9 t h c e n t u r y — T h e T r a d e - M a r k C a s e s , 1 0 0 U . S . 8 2 ( 1 8 7 9 ) ; a n d B u r r o w - G i l e s L i t h o g r a p h i c C o . v . S a r o n y , 1 1 1 U . S . 5 3 ( 1 8 8 4 ) — t h i s C o u r t d e f i n e d t h e c r u c i a l t e r m s " a u t h o r s " a n d " w r i t i n g s . " I n s o d o i n g , t h e C o u r t m a d e i t u n m i s t a k a b l y c l e a r t h a t t h e s e t e r m s p r e s u p p o s e a d e g r e e o f o r i g i n a l i t y .