Freedom of Association: Rights and Liberties Under the Law

Capa
ABC-CLIO, 2004 - 265 páginas

Freedom of Association: Rights and Liberties under the Law chronicles the evolution of a right derived from but not granted in the First Amendment--freedom of association. An opening analysis of the Supreme Court's ruling against a gay adult member of the Boy Scouts of America illustrates the range and complexity of this issue.

Historical discussions of colonial America, including the British Parliament's efforts to suppress political associations, set the stage for a careful scrutiny of the political and legislative activities of the 1950s and 1960s when the Supreme Court established freedom of association as a constitutionally protected right. A concluding chapter delves into the contemporary issues of antidiscriminatory and campaign finance laws and explores the ever-present tension between liberty--freedom from the state--and equality--protection by the state.

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Índice

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Direitos de autor

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Palavras e frases frequentes

Passagens conhecidas

Página 150 - The basis of our political systems is the right of the people to make and to alter their constitutions of government. But the constitution which at any time exists till changed by an explicit and authentic act of the whole people is sacredly obligatory upon all.
Página 151 - However combinations or associations of the above description may now and then answer popular ends, they are likely, in the course of time and things, to become potent engines by which cunning, ambitious, and unprincipled men will be enabled to subvert the power of the people and to usurp for themselves the reins of government, destroying afterwards the very engines which have lifted them to unjust dominion.
Página 152 - It serves always to distract the public councils and enfeeble the public administration. It agitates the community with ill-founded jealousies and false alarms; kindles the animosity of one part against another; foments occasionally riot and insurrection.
Página 153 - There is an opinion, that parties in free countries are useful checks upon the administration of the Government, and serve to keep alive the spirit of Liberty.
Página 151 - ... till changed by an explicit and authentic act of the whole people, is sacredly obligatory upon all. The very idea of the power and the right of the people to establish government, pre-supposes the duty of every individual to obey the established government. All obstructions to the execution of the laws, all combinations and associations, under whatever plausible character, with the real design to direct, control, counteract, or awe the regular deliberation and action of the constituted authorities,...
Página 153 - It is important, likewise, that the habits of thinking in a free country should inspire caution, in those intrusted with its administration, to confine themselves within their respective constitutional spheres, avoiding in the exercise of the powers of one department to encroach upon another. The spirit of encroachment tends to consolidate the powers of all the departments in one, and thus to create, whatever the form of government, a real despotism.
Página 152 - Let me now take a more comprehensive view, and warn you in the most solemn manner against the baneful effects of the Spirit of Party, generally.
Página 151 - Towards the preservation of your government, and the permanency of your present happy state, it is requisite, not only that you steadily discountenance irregular oppositions to its acknowledged authority, but also that you resist with care the spirit of innovation upon its principles, however specious the pretexts.
Página 152 - This spirit, unfortunately, is inseparable from our nature, having its root in the strongest passions of the human mind. It exists under different shapes in all governments, more or less stifled, controlled, or repressed ; but, in those of the popular form, it is seen in its greatest rankness, and is truly their worst enemy.

Acerca do autor (2004)

Robert J. Bresler is visiting professor of government at Franklin & Marshall College, Lancaster, PA, and professor emeritus of public policy at Pennsylvania State University, University Park, PA.

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