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United States ex rel Mezei, 345 U.S. 206 (1953), was a United States Supreme Court case that established the federal government's power to detain migrants at the border pending deportation.
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Ordered liberty acknowledges the importance of negative liberty but recognizes that this liberty can only be exercised within the constraints of a well-ordered society. At the same time, it recognizes the importance of positive liberty, but places limits on it to ensure that individual actions do not harm others or the broader social order.
The harm principle is also found in recent US case law - in the case of the People v Alvarez, from the Supreme Court of California, in May, 2002: In every criminal trial, the prosecution must prove the corpus delicti, or the body of the crime itself - i.e., the fact of injury, loss, or harm, and the existence of a criminal agency as its cause.
The Ethics of Liberty is a 1982 book by American philosopher and economist Murray N. Rothbard, [1] in which the author expounds a libertarian political position. [2] Rothbard's argument is based on a form of natural law ethics, [ 3 ] and makes a case for anarcho-capitalism .
It is considered by some that the sole purpose of government is the protection of life, liberty , and property. [15] Some thinkers have argued that the concepts of self-ownership and cognitive liberty affirm rights to choose the food one eats, [16] [17] the medicine one takes, [18] [19] [20] and the habit one indulges. [21] [22] [23]
This argument drew from American case law, but the Supreme Court pointed out section 7 of the Charter contains individual rights, and hence there cannot be family rights. Still, mindful that there was still choices involved in the family situation, the Supreme Court split on whether liberty rights were infringed.
[6] [7] Whether the existence of victimless crimes infringes upon civil liberties is also a matter of dispute. Another matter of debate is the suspension or alteration of certain civil liberties in times of war or state of emergency, including whether and to what extent this should occur.