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By Jeffrey Lehman, Shirelle Phelps

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He began his judicial career in Georgia as a circuit court judge in 1810 and remained on the bench until 1821. Berrien sat in the Georgia Senate from 1822 to 1823. S. Senate, as a member of the DEMOCRATIC PARTY . S. attorney general from 1829 to 1831. He again served as senator from Georgia from 1841 to 1845 and from 1845 to 1852 as a member of the WHIG PARTY . Boundaries; International Law. ” —ADOLPH BERLE JR. “IF THIS POWER IS NOT GRANTED BY THE CONSTITUTION, IT BEST EVIDENCE IS VERY CERTAIN, An original document or object offered as proof of a fact in a lawsuit as opposed to a photocopy of, or other substitute for, the item or the testimony of a witness describing it.

S. government. However, they declined to add a bill of rights to the Constitution, on the grounds that the Constitution itself provided adequate protection from intrusive government. Indeed, the Constitution contained some elements of the English Bill of Rights, including Congress’s exclusive power to maintain armed forces and, on the federal level, to pass laws and impose taxes. The Constitution also incorporated other specific rights traditional in ENGLISH LAW , including that of HABEAS CORPUS , which protects against unlawful imprisonment.

He believed that judges should exercise care to avoid deciding constitutional issues if other grounds for a ruling are available, such as grounds for refusing to hear the case or grounds for using doctrines like statutory construction to decide the case. In The Supreme Court and the Idea of Progress (1970), another work advocating judicial restraint, Bickel criticized the activism of the WARREN COURT in tackling social issues. He noted that “history has little tolerance for ... ” Bickel also argued for judicial restraint in the so-called Pentagon Papers case, New York Times Co.

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