The application of the EU Charter of Fundamental Rights (the EU term for human rights) in the UK has been the subject of considerable media, judicial and political interest since November last year, when the comments of a High Court Judge on its influence on UK law were reported in the press and debated in Parliament. This Report aims to clarify a number of common misconceptions about the role of the Charter. Its key conclusions are: that the Charter applies in the UK where the Government and public authorities are acting within the scope of EU law - there is no opt-out; that the Charter is directly effective in the UK, with supremacy over inconsistent national law, and can therefore be used both to interpret and enforce EU law, and so disapply national legislation based on EU law; that the Charter does not include new rights, however, or give the EU new competences - but it will affect how pre-existing EU fundamental rights and principles are applied. Ministers should act to make clear beyond any doubt that the Charter will not in future apply in the UK, in particular through an amendment to the European Communities Act 1972
The modern effort to locate American liberties, it turns out, began in the mud at the bottom of Baltimore harbor. John Barron Jr. and John Craig sued the city for damages after Baltimore’s rebuilt drainage system diverted water and sediment into the harbor, preventing large ships from tying up at Barron and Craig’s wharf. By the time the case reached the U.S. Supreme Court in 1833, the issue had become whether the city’s actions constituted a taking of property by the state without just compensation, a violation of the Fifth Amendment to the U.S. Constitution. The high court’s decision in Barron v. Baltimore marked a critical step in the rapid evolution of law and constitutional rights during the first half of the nineteenth century. Diminishing the Bill of Rights examines the backstory and context of this decision as a turning point in the development of our current conception of individual rights. Since the colonial period, Americans had viewed their rights as springing from multiple sources, including the common law, natural right, and English legal tradition. Despite this rich heritage and a prohibition grounded in the Magna Carta against uncompensated state takings of property, the Court ruled against Barron’s claim. The Bill of Rights, Chief Justice John Marshall declared in his opinion for the majority, restrained only the federal government, not the states. The Fifth Amendment, accordingly, did not apply to Maryland or any of the cities it chartered. In explaining how the Court came to reject a multisourced view of human liberties—a position seemingly inconsistent with its previous decisions—William Davenport Mercer helps explain why we now envision the Constitution as essential to guaranteeing our rights. Marshall’s view of rights in Barron, Mercer argues, helped him navigate the Court through the precarious political currents of the time. While the chief justice may have effected a shrewd political maneuver, the decision helped hasten a reconceptualization of rights as located in documents. Its legacy, as Mercer’s work makes clear, is among the Jacksonian era’s significant democratic reforms and marks the emergence of a distinctly American constitutionalism.
Runner-up, 2019 Texas Old Missions and Forts Restoration Book Award, sponsored by the Texas Old Missions and Forts Restoration Association (TOMFRA) Despite the strategic importance of the Lower Rio Grande Valley during the Civil War, the two battles fought there—the first (September 1864) and the second (May 1865) battles of Palmito Ranch—have largely faded from public memory even as the second battle earned the title “Last Land Battle of the Civil War.” In Palmito Ranch: From Civil War Battlefield to National Historic Landmark, Jody Edward Ginn and William Alexander McWhorter document efforts to redress this lacuna in the popular consciousness. They offer new information about these battles while chronicling the efforts to save and preserve the battlefield site, one of the few places in Texas where the war was contested. Opening with a crisp retelling of the principal military events that unfolded at Palmito Ranch, near the Confederate port city of Brownsville, Ginn and McWhorter recount the initiative pursued by a multidisciplinary team organized largely through the efforts of the Texas Historical Commission to study, document, and preserve this important Texas historic site. Now, visitors to the area may benefit from not only improved and expanded historical markers, but also a radio transmitter and a viewing platform, along with other interpretive aids. All this is due to the campaign spearheaded by McWhorter, Ginn, and a cohort of dedicated volunteers and professionals. Providing a case study in constituency building and public awareness raising to preserve and promote historic sites, Palmito Ranch will interest and educate heritage tourists, Civil War enthusiasts, and travelers to South Texas and the Lower Rio Grande Valley.
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