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Author : Robert A. Licht
Publisher : American Enterprise Institute
Page : 220 pages
File Size : 44,8 Mb
Release : 1991
Category : History
ISBN : 0844737887
The authors relate current arguments to traditional ideas of republicanism and democracy and compare them with those of our Revolution, Civil War, and civil rights and suffrage movements.
Author : Alexander Hamilton,John Jay,James Madison
Publisher : Read Books Ltd
Page : 455 pages
File Size : 48,6 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 : Thomas B. McAffee
Publisher : Bloomsbury Publishing USA
Page : 200 pages
File Size : 54,6 Mb
Release : 2000-07-30
Category : Law
ISBN : 9780313001109
In recent decades the Ninth Amendment, a provision designed to clarify that the federal government was to be one of enumerated and limited powers, has been turned into an unenumerated rights clause that effectively grants unlimited power to the judiciary. Was this the intent of the framers of the Constitution? McAffee argues that the founders had a rather different set of priorities than ours, and that the goal of enforcing fundamental human rights was not why they drafted any of the first ten amendments. They did not intend to grant to the courts the power to generate fundamental rights, whether by reference to custom or history, reason or natural law, or societal values or consensus. It has become increasingly popular to identify our constitutional order as an experiment in the protection of fundamental human rights and to forget that it is also an experiment in self-government. As fundamental as the founding generation believed basic rights to be, they saw popular authority to make decisions about government as being even more central to the project in which they were engaged. They supported natural law and rights, but they felt strongly that those rights did not bind the people or their government unless they were inserted in the written Constitution. They did not contemplate that there would be unwritten limitations on the powers granted to government.
Author : Jamal Greene
Publisher : Houghton Mifflin
Page : 341 pages
File Size : 45,8 Mb
Release : 2021
Category : Law
ISBN : 9781328518118
An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.
Author : John F. Kowal
Publisher : The New Press
Page : 493 pages
File Size : 53,6 Mb
Release : 2021-09-21
Category : Law
ISBN : 9781620975626
The 233-year story of how the American people have taken an imperfect constitution—the product of compromises and an artifact of its time—and made it more democratic Who wrote the Constitution? That’s obvious, we think: fifty-five men in Philadelphia in 1787. But much of the Constitution was actually written later, in a series of twenty-seven amendments enacted over the course of two centuries. The real history of the Constitution is the astonishing story of how subsequent generations have reshaped our founding document amid some of the most colorful, contested, and controversial battles in American political life. It’s a story of how We the People have improved our government’s structure and expanded the scope of our democracy during eras of transformational social change. The People’s Constitution is an elegant, sobering, and masterly account of the evolution of American democracy. From the addition of the Bill of Rights, a promise made to save the Constitution from near certain defeat, to the post–Civil War battle over the Fourteenth Amendment, from the rise and fall of the “noble experiment” of Prohibition to the defeat and resurgence of an Equal Rights Amendment a century in the making, The People’s Constitution is the first book of its kind: a vital guide to America’s national charter, and an alternative history of the continuing struggle to realize the Framers’ promise of a more perfect union.
Author : Louis Dembitz Brandeis,Samuel D. Warren
Publisher : Good Press
Page : 40 pages
File Size : 43,7 Mb
Release : 2023-09-17
Category : Fiction
ISBN : EAN:8596547573319
"The Right to Privacy" by Louis Dembitz Brandeis, Samuel D. Warren. Published by Good Press. Good Press publishes a wide range of titles that encompasses every genre. From well-known classics & literary fiction and non-fiction to forgotten−or yet undiscovered gems−of world literature, we issue the books that need to be read. Each Good Press edition has been meticulously edited and formatted to boost readability for all e-readers and devices. Our goal is to produce eBooks that are user-friendly and accessible to everyone in a high-quality digital format.
Author : Michael J. Klarman
Publisher : Oxford University Press
Page : 240 pages
File Size : 55,8 Mb
Release : 2016-09-16
Category : History
ISBN : 9780199942046
Americans revere their Constitution. However, most of us are unaware how tumultuous and improbable the drafting and ratification processes were. As Benjamin Franklin keenly observed, any assembly of men bring with them "all their prejudices, their passions, their errors of opinion, their local interests and their selfish views." One need not deny that the Framers had good intentions in order to believe that they also had interests. Based on prodigious research and told largely through the voices of the participants, Michael Klarman's The Framers' Coup narrates how the Framers' clashing interests shaped the Constitution--and American history itself. The Philadelphia convention could easily have been a failure, and the risk of collapse was always present. Had the convention dissolved, any number of adverse outcomes could have resulted, including civil war or a reversion to monarchy. Not only does Klarman capture the knife's-edge atmosphere of the convention, he populates his narrative with riveting and colorful stories: the rebellion of debtor farmers in Massachusetts; George Washington's uncertainty about whether to attend; Gunning Bedford's threat to turn to a European prince if the small states were denied equal representation in the Senate; slave staters' threats to take their marbles and go home if denied representation for their slaves; Hamilton's quasi-monarchist speech to the convention; and Patrick Henry's herculean efforts to defeat the Constitution in Virginia through demagoguery and conspiracy theories. The Framers' Coup is more than a compendium of great stories, however, and the powerful arguments that feature throughout will reshape our understanding of the nation's founding. Simply put, the Constitutional Convention almost didn't happen, and once it happened, it almost failed. And, even after the convention succeeded, the Constitution it produced almost failed to be ratified. Just as importantly, the Constitution was hardly the product of philosophical reflections by brilliant, disinterested statesmen, but rather ordinary interest group politics. Multiple conflicting interests had a say, from creditors and debtors to city dwellers and backwoodsmen. The upper class overwhelmingly supported the Constitution; many working class colonists were more dubious. Slave states and nonslave states had different perspectives on how well the Constitution served their interests. Ultimately, both the Constitution's content and its ratification process raise troubling questions about democratic legitimacy. The Federalists were eager to avoid full-fledged democratic deliberation over the Constitution, and the document that was ratified was stacked in favor of their preferences. And in terms of substance, the Constitution was a significant departure from the more democratic state constitutions of the 1770s. Definitive and authoritative, The Framers' Coup explains why the Framers preferred such a constitution and how they managed to persuade the country to adopt it. We have lived with the consequences, both positive and negative, ever since.
Author : Leonard W. Levy
Publisher : Ivan R. Dee
Page : 544 pages
File Size : 45,6 Mb
Release : 2000-08-15
Category : History
ISBN : 9781461730286
For more than two hundred years a debate has raged between those who believe that jurists should follow the original intentions of the Founding Fathers and those who argue that the Constitution is a living document subject to interpretation by each succeeding generation. The controversy has flared anew in our own time as a facet of the battle between conservatives and liberals. In Original Intent and the Framers' Constitution, the distinguished constitutional scholar Leonard Levy cuts through the Gordian Knot of claim and counterclaim with an argument that is clear, logical, and compelling. Rejecting the views of both left and right, he evaluates the doctrine of "original intent" by examining the sources of constitutional law and landmark cases. Finally, he finds no evidence for grounding the law in original intent. Judicial activism—the constant reinterpretation of the Constitution—he sees as inevitable.
Author : Ronald Dworkin
Publisher : OUP Oxford
Page : 438 pages
File Size : 49,5 Mb
Release : 1999
Category : Law
ISBN : 9780198265573
Dworkin's important book is a collection of essays which discuss almost all of the great constitutional issues of the last two decades, including abortion, euthanasia, capital punishment, homosexuality, pornography, and free speech. Dworkin offers a consistently liberal view of the Constitution and argues that fidelity to it and to law demands that judges make moral judgments. He proposes that we all interpret the abstract language of the Constitution by reference to moral principles about political decency and justice. His 'moral reading' therefore brings political morality into the heart of constitutional law. The various chapters of this book were first published separately; now drawn together they provide the reader with a rich, full-length treatment of Dworkin's general theory of law.
Author : Ilan Wurman
Publisher : Cambridge University Press
Page : 199 pages
File Size : 53,5 Mb
Release : 2020-11-12
Category : History
ISBN : 9781108843157
In The Second Founding: An Introduction to the Fourteenth Amendment, Ilan Wurman provides an illuminating introduction to the original meaning of the Fourteenth Amendment's famous provisions 'due process of law,' 'equal protection of the laws,' and the 'privileges' or 'immunities' of citizenship. He begins by exploring the antebellum legal meanings of these concepts, starting from Magna Carta, the Statutes of Edward III, and the Petition of Right to William Blackstone and antebellum state court cases. The book then traces how these concepts solved historical problems confronting framers of the Fourteenth Amendment, including the comity rights of free blacks, private violence and the denial of the protection of the laws, and the notorious abridgment of freedmen's rights in the Black Codes. Wurman makes a compelling case that, if the modern originalist Supreme Court interpreted the Amendment in 'the language of the law,' it would lead to surprising and desirable results today.
Author : Richard B. Bernstein
Publisher : Oxford University Press, USA
Page : 184 pages
File Size : 42,5 Mb
Release : 2015
Category : Founding Fathers of the United States
ISBN : 9780190273514
This is a concise contribution to the 'Very Short Introductions' series which reintroduces the history that shaped the founding fathers, the history that they made, and what history has made of them.
Author : Ian Kalman
Publisher : University of Toronto Press
Page : 251 pages
File Size : 48,7 Mb
Release : 2021-03-01
Category : Social Science
ISBN : 9781487539924
Framing Borders addresses a fundamental disjuncture between scholastic portrayals of settler colonialism and what actually takes place in Akwesasne Territory, the largest Indigenous cross-border community in Canada. Whereas most existing portrayals of Indigenous nationalism emphasize border crossing as a site of conflict between officers and Indigenous nationalists, in this book Ian Kalman observes a much more diverse range of interactions, from conflict to banality to joking and camaraderie. Framing Borders explores how border crossing represents a conversation where different actors "frame" themselves, the law, and the space that they occupy in diverse ways. Written in accessible, lively prose, Kalman addresses what goes on when border officers and Akwesasne residents meet, and what these exchanges tell us about the relationship between Indigenous actors and public servants in Canada. This book provides an ethnographic examination of the experiences of the border by Mohawk community members, the history of local border enforcement, and the paradoxes, self-contradictions, and confusions that underlie the border and its enforcement.
Author : Donald L. Drakeman
Publisher : Cambridge University Press
Page : 247 pages
File Size : 51,7 Mb
Release : 2021-04-08
Category : History
ISBN : 9781108485289
The first major scholarly defense of the centrality of the Framers' intentions in constitutional interpretation to appear in years.
Author : Geoffrey R. Stone,David A. Strauss
Publisher : Oxford University Press, USA
Page : 241 pages
File Size : 52,8 Mb
Release : 2020-01-06
Category : LAW
ISBN : 9780190938208
From 1953 to 1969, the Supreme Court under Chief Justice Earl Warren brought about many of the proudest achievements of American constitutional law. The Warren declared racial segregation and laws forbidding interracial marriage to be unconstitutional; it expanded the right of citizens to criticize public officials; it held school prayer unconstitutional; and it ruled that people accused of a crime must be given a lawyer even if they can't afford one. Yet, despite those and other achievements, conservative critics have fiercely accused the justices of the Warren Court of abusing their authority by supposedly imposing their own opinions on the nation. As the eminent legal scholars Geoffrey R. Stone and David A. Strauss demonstrate in Democracy and Equality, the Warren Court's approach to the Constitution was consistent with the most basic values of our Constitution and with the most fundamental responsibilities of our judiciary. Stone and Strauss describe the Warren Court's extraordinary achievements by reviewing its jurisprudence across a range of issues addressing our nation's commitment to the values of democracy and equality. In each chapter, they tell the story of a critical decision, exploring the historical and legal context of each case, the Court's reasoning, and how the justices of the Warren Court fulfilled the Court's most important responsibilities. This powerfully argued evaluation of the Warren Court's legacy, in commemoration of the 50th anniversary of the end of the Warren Court, both celebrates and defends the Warren Court's achievements against almost sixty-five years of unrelenting and unwarranted attacks by conservatives. It demonstrates not only why the Warren Court's approach to constitutional interpretation was correct and admirable, but also why the approach of the Warren Court was far superior to that of the increasingly conservative justices who have dominated the Supreme Court over the past half-century.
Author : David Johansen
Publisher : Unknown
Page : 14 pages
File Size : 52,6 Mb
Release : 2012
Category : Civil rights
ISBN : OCLC:1059231421
The constitutional notwithstanding clause set out in section 33 of the Canadian Charter of Rights and Freedoms (hereinafter referred to as the Charter of Rights or the Charter) has been controversial since its emergence from a November 1981 Federal-Provincial Conference of First Ministers. The controversy became more pronounced at the time of the 15 December 1988 Supreme Court of Canada decisions in the Ford and Devine cases dealing with the signage provisions of Quebec's Bill 101 (Charter of the French Language) and the subsequent adoption by the Quebec National Assembly of Bill 178 (An Act to Amend the Charter of the French Language). This legislation contained a section 33 override clause (in this case affecting Charter of Rights guarantees of freedom of expression (section 2(b)) and equality rights (section 15)). After setting out the content of the section 33 notwithstanding clause, this paper will trace its development in 1981 and describe the potential use then ascribed to it by its drafters, parliamentarians and others. The paper will then go on to point out actual instances when the notwithstanding clause has been invoked. Finally, it will present a number of arguments for and against the use of the clause.
