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Excerpt from The Dignity, Service and Prospects of the Profession of Law: An Address Delivered on the Eighth Day of January, 1877, at Lincoln, Nebraska, Before the Nebraska State Bar Association Mr. President, and Brothers: The Constitution of this Association declares its objects to be, "to maintain a high standard of integrity among the members of the Bar of this State, to cultivate social intercourse among them, to encourage a thorough and liberal legal education, and to assist in the improvement of the Law, and the due administration of justice to all classes of society without distinction." These objects concern three classes - ourselves, the students-at-law, and the public. They aim to help us to be honest, and to be brethren; to make the young fit to be lawyers; and to secure for society just laws, and their just administration. The first of these objects, which concerns ourselves, proposes to each of us personal elevation of character, and to all of us the stimulus which comes of association. It is not only the first in the order of enunciation, and the first in importance, but it draws the others after it. A Bar which is possessed of high moral character, relieved at the same time by generous social qualities, will, by the force of its example, compel abundant preparation from those who seek its membership, will advance the Law with the advancing needs of the times, and enforce from the Magistracy the full measure of its duty. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.