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Author : Geoffrey R. Stone,Richard A. Epstein,Cass R. Sunstein
Publisher : University of Chicago Press
Page : 598 pages
File Size : 53,8 Mb
Release : 1992-10-15
Category : Law
ISBN : 0226775313
Also published as v. 59, no. 1 (winter 1992), of the University of Chicago law review.
Author : Carol Berkin
Publisher : Simon and Schuster
Page : 272 pages
File Size : 41,6 Mb
Release : 2015-05-05
Category : History
ISBN : 9781476743813
“Narrative, celebratory history at its purest” (Publishers Weekly)—the real story of how the Bill of Rights came to be: a vivid account of political strategy, big egos, and the partisan interests that set the terms of the ongoing contest between the federal government and the states. Those who argue that the Bill of Rights reflects the founding fathers’ “original intent” are wrong. The Bill of Rights was actually a brilliant political act executed by James Madison to preserve the Constitution, the federal government, and the latter’s authority over the states. In the skilled hands of award-winning historian Carol Berkin, the story of the founders’ fight over the Bill of Rights comes alive in a drama full of partisanship, clashing egos, and cunning manipulation. In 1789, the nation faced a great divide around a question still unanswered today: should broad power and authority reside in the federal government or should it reside in state governments? The Bill of Rights, from protecting religious freedom to the people’s right to bear arms, was a political ploy first and a matter of principle second. The truth of how and why Madison came to devise this plan, the debates it caused in the Congress, and its ultimate success is more engrossing than any of the myths that shroud our national beginnings. The debate over the Bill of Rights still continues through many Supreme Court decisions. By pulling back the curtain on the short-sighted and self-interested intentions of the founding fathers, Berkin reveals the anxiety many felt that the new federal government might not survive—and shows that the true “original intent” of the Bill of Rights was simply to oppose the Antifederalists who hoped to diminish the government’s powers. This book is “a highly readable American history lesson that provides a deeper understanding of the Bill of Rights, the fears that generated it, and the miracle of the amendments” (Kirkus Reviews).
Author : James Madison,George Mason
Publisher : Books of American Wisdom
Page : 0 pages
File Size : 46,9 Mb
Release : 2008
Category : Law
ISBN : 155709151X
Printed in two colors, this leatherette edition is a guide to the first ten amendments of the U.S.
Author : Linda R. Monk
Publisher : Hachette Books
Page : 288 pages
File Size : 55,8 Mb
Release : 2018-04-10
Category : Political Science
ISBN : 9780316417754
With a foreword by Justice Ruth Bader Ginsburg of the U.S. Supreme Court. An Engaging, Accessible Guide to the Bill of Rights for Everyday Citizens. In The Bill of Rights: A User's Guide, award-winning author and constitutional scholar Linda R. Monk explores the remarkable history of the Bill of Rights amendment by amendment, the Supreme Court's interpretation of each right, and the power of citizens to enforce those rights. Stories of the ordinary people who made the Bill of Rights come alive are featured throughout. These include Fannie Lou Hamer, a Mississippi sharecropper who became a national civil rights leader; Clarence Earl Gideon, a prisoner whose handwritten petition to the Supreme Court expanded the right to counsel; Mary Beth Tinker, a 13-year-old whose protest of the Vietnam War established free speech rights for students; Michael Hardwick, a bartender who fought for privacy after police entered his bedroom unlawfully; Suzette Kelo, a nurse who opposed the city's takeover of her working-class neighborhood; and Simon Tam, a millennial whose 10-year trademark battle for his band "The Slants" ended in a unanimous Supreme Court victory. Such people prove that, in the words of Judge Learned Hand, "Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court, can save it." Exploring the history, scope, and meaning of the first ten amendments-as well as the Fourteenth Amendment, which nationalized them and extended new rights of equality to all-The Bill of Rights: A User's Guide is a powerful examination of the values that define American life and the tools that every citizen needs.
Author : Robert J. Haws
Publisher : Univ. Press of Mississippi
Page : 202 pages
File Size : 46,7 Mb
Release : 2010-12-01
Category : History
ISBN : 9781496801494
The adoption of the Bill of Rights was the last step in defining the essential elements of American constitutionalism. The process began with the writing of the Constitution, continued through its ratification by the states, and culminated with the adoption of the Bill of Rights. In 1991 the bicentennial of the adoption of the Bill of Rights provided an occasion for examining the origins of this most important statement of individual rights in American history. Published on this anniversary, The South's Role in the Creation of the Bill of Rights sheds light on the paradoxical part the South played in the process of drafting and adopting this document. In cogent essays from the Chancellor's Symposium on Southern History held at the University of Mississippi in 1988, six noted experts in legal, constitutional, and southern history fill a gap in the literature of southern legal history for the period 1787-1791. The southern role is particularly important because political leaders in the South took the lead in promoting a bill of rights and at the same time vociferously defended the right to hold slaves. The essays in this book comprise a complete discussion of the writing and ratification of the Constitution and the adoption of the Bill of Rights in five southern seaboard states. They reveal the interplay of a desire to protect states' rights, a concern for the preservation of individual liberty, and a defensive attitude toward slavery that governed southern attitudes. These concerns dominated constitutional discourse until the Civil War. The South's peculiar “cultural constitutionalism” was first given definition in this period of American history, and as this book reveals, it initiated the process of setting the region apart from the rest of the United States. The events of these years were a necessary first step in establishing a southern regional identity.
Author : Nat Hentoff
Publisher : Univ of California Press
Page : 260 pages
File Size : 50,7 Mb
Release : 1999-12
Category : Law
ISBN : 0520219813
One of America's most passionate writers about civil liberties enlivens issues about The Bill of Rights by giving profiles of individuals for whom the Constitution is a vital part of life.
Author : Marcia Amidon Lusted
Publisher : Pebble
Page : 25 pages
File Size : 42,6 Mb
Release : 2020
Category : Juvenile Nonfiction
ISBN : 9781977108616
Carefully leveled text coupled with primary-source images will encourage young readers to take a closer look at the U.S. Constitution's first ten Amendments, known as the Bill of Rights. Citizens of the newly independent United States proposed several freedoms, including speech, assembly, and worship--many of which are still recognized and honored today. Curriculum-based content and fact-filled sidebars help define these rights, while allowing readers to draw connections between the Bill of Rights and their daily lives.
Author : Walter Surma Tarnopolsky
Publisher : McGill-Queen's Press - MQUP
Page : 449 pages
File Size : 48,6 Mb
Release : 1975-01-01
Category : Civil rights
ISBN : 9780773595439
Author : Gerard N. Magliocca
Publisher : Oxford University Press
Page : 249 pages
File Size : 54,7 Mb
Release : 2018
Category : History
ISBN : 9780190271602
"This is the untold story of the most celebrated part of the Constitution. Until the twentieth century, few Americans called the first ten amendments the Bill of Rights. When they did after 1900, the Bill of Rights was usually invoked to increase rather than limit federal authority"--
Author : Emily Zackin
Publisher : Princeton University Press
Page : 250 pages
File Size : 53,6 Mb
Release : 2013-04-21
Category : Law
ISBN : 9780691155784
Unlike many national constitutions, which contain explicit positive rights to such things as education, a living wage, and a healthful environment, the U.S. Bill of Rights appears to contain only a long list of prohibitions on government. American constitutional rights, we are often told, protect people only from an overbearing government, but give no explicit guarantees of governmental help. Looking for Rights in All the Wrong Places argues that we have fundamentally misunderstood the American rights tradition. The United States actually has a long history of enshrining positive rights in its constitutional law, but these rights have been overlooked simply because they are not in the federal Constitution. Emily Zackin shows how they instead have been included in America's state constitutions, in large part because state governments, not the federal government, have long been primarily responsible for crafting American social policy. Although state constitutions, seemingly mired in trivial detail, can look like pale imitations of their federal counterpart, they have been sites of serious debate, reflect national concerns, and enshrine choices about fundamental values. Zackin looks in depth at the history of education, labor, and environmental reform, explaining why America's activists targeted state constitutions in their struggles for government protection from the hazards of life under capitalism. Shedding much-needed light on the variety of reasons that activists pursued the creation of new state-level rights, Looking for Rights in All the Wrong Places challenges us to rethink our most basic assumptions about the American constitutional tradition.
Author : Amie Jane Leavitt
Publisher : Capstone
Page : 32 pages
File Size : 41,5 Mb
Release : 2008-07
Category : Civil rights
ISBN : 9781429619288
The Bill of Rights wasn't named after some guy named Bill. So what does it really mean? Here's your chance to learn what the Bill of Rights really says.
Author : Gary Gerstle
Publisher : Princeton University Press
Page : 470 pages
File Size : 49,9 Mb
Release : 2017-10-24
Category : History
ISBN : 9780691178219
How the conflict between federal and state power has shaped American history American governance is burdened by a paradox. On the one hand, Americans don't want "big government" meddling in their lives; on the other hand, they have repeatedly enlisted governmental help to impose their views regarding marriage, abortion, religion, and schooling on their neighbors. These contradictory stances on the role of public power have paralyzed policymaking and generated rancorous disputes about government’s legitimate scope. How did we reach this political impasse? Historian Gary Gerstle, looking at two hundred years of U.S. history, argues that the roots of the current crisis lie in two contrasting theories of power that the Framers inscribed in the Constitution. One theory shaped the federal government, setting limits on its power in order to protect personal liberty. Another theory molded the states, authorizing them to go to extraordinary lengths, even to the point of violating individual rights, to advance the "good and welfare of the commonwealth." The Framers believed these theories could coexist comfortably, but conflict between the two has largely defined American history. Gerstle shows how national political leaders improvised brilliantly to stretch the power of the federal government beyond where it was meant to go—but at the cost of giving private interests and state governments too much sway over public policy. The states could be innovative, too. More impressive was their staying power. Only in the 1960s did the federal government, impelled by the Cold War and civil rights movement, definitively assert its primacy. But as the power of the central state expanded, its constitutional authority did not keep pace. Conservatives rebelled, making the battle over government’s proper dominion the defining issue of our time. From the Revolution to the Tea Party, and the Bill of Rights to the national security state, Liberty and Coercion is a revelatory account of the making and unmaking of government in America.
Author : Paul L. Murphy,Murphy Barbara
Publisher : Garland Science
Page : 540 pages
File Size : 42,9 Mb
Release : 1990-03
Category : Political Science
ISBN : 0824058666
First Published in 1990. Routledge is an imprint of Taylor & Francis, an informa company.
Author : Alexander Hamilton,John Jay,James Madison
Publisher : Read Books Ltd
Page : 455 pages
File Size : 47,9 Mb
Release : 2018-08-20
Category : History
ISBN : 9781528785877
Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.
Author : Peter J. Galie,Christopher Bopst,Bethany Kirschner
Publisher : Springer Nature
Page : 389 pages
File Size : 42,9 Mb
Release : 2020-09-14
Category : Political Science
ISBN : 9783030443016
This book is a documentary history of the rights found in the American state constitutions adopted between 1776 and 1790. Despite the rich tradition of rights at the state level, rights in America have been identified almost exclusively with the national Bill of Rights. Indeed, there is no work that provides a comprehensive treatment of the early state declarations of rights. Rather, these declarations have been viewed as halting first steps towards the adoption of the national Bill of Rights in 1791. Bringing together the full text of the rights provisions from the 13 original states and Vermont, this book presents America’s first tradition of rights on its own terms and as part of this country’s heritage of rights. Early chapters will examine the sources of these rights and provide a comparative framework. An introduction to each chapter will review that state’s colonial history, focusing on any charters or legislation related to rights protections that help explain its constitutional provisions. This work will make it possible for students, scholars, and interested citizens to rediscover the first fruits of the American Revolution.