madison s music on reading the first amendment

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Madison S Music

Author : Burt Neuborne
ISBN : 9781620970539
Genre : Law
File Size : 84. 75 MB
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Are you sitting down? It turns out that everything you learned about the First Amendment is wrong. For too long, we’ve been treating small, isolated snippets of the text as infallible gospel without looking at the masterpiece of the whole. Legal luminary Burt Neuborne argues that the structure of the First Amendment as well as of the entire Bill of Rights was more intentional than most people realize, beginning with the internal freedom of conscience and working outward to freedom of expression and finally freedom of public association. This design, Neuborne argues, was not to protect discrete individual rights—such as the rights of corporations to spend unlimited amounts of money to influence elections—but to guarantee that the process of democracy continues without disenfranchisement, oppression, or injustice. Neuborne, who was the legal director of the ACLU and has argued numerous cases before the Supreme Court, invites us to hear the “music” within the form and content of Madison’s carefully formulated text. When we hear Madison’s music, a democratic ideal flowers in front of us, and we can see that the First Amendment gives us the tools to fight for campaign finance reform, the right to vote, equal rights in the military, the right to be full citizens, and the right to prevent corporations from riding roughshod over the weakest among us. Neuborne gives us an eloquent lesson in democracy that informs and inspires.

Democracy And The Problem Of Free Speech

Author : Cass R. Sunstein
ISBN : 9781439105351
Genre : History
File Size : 84. 31 MB
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Freedom of speech is one of our greatest legal rights and Cass Sunstein is one of our greatest legal theorists. This book is a must read for anyone who wants to think seriously about the free speech issues facing this generation. -- Akhil Amar, Southmayd Professor, Yale Law School This is an important book. Beautifully clear and carefully argued, Sunstein's contribution reaches well beyond the confines of academic debate. It will be of interest to any citizen concerned about freedom of speech and the current state of American democracy. -- Joshua Cohen, Massachusetts Institute of Technology How can our constitutional protection of free speech serve to strengthen democracy? Cass Sunstein challenges conventional answers with a remarkable array of lucid arguments and legal examples. There is no better book on the subject. -- Amy Gutmann, Laurance S. Rockefeller University Professor, Princeton University

The Religious Roots Of The First Amendment

Author : Nicholas P. Miller
ISBN : 9780199942800
Genre : Religion
File Size : 29. 16 MB
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Traditional understandings of the genesis of the separation of church and state rest on assumptions about "Enlightenment" and the republican ethos of citizenship. In The Religious Roots of the First Amendment, Nicholas P. Miller does not seek to dislodge that interpretation but to augment and enrich it by recovering its cultural and discursive religious contexts--specifically the discourse of Protestant dissent. He argues that commitments by certain dissenting Protestants to the right of private judgment in matters of Biblical interpretation, an outgrowth of the doctrine of the priesthood of all believers, helped promote religious disestablishment in the early modern West. This movement climaxed in the disestablishment of religion in the early American colonies and nation. Miller identifies a continuous strand of this religious thought from the Protestant Reformation, across Europe, through the English Reformation, Civil War, and Restoration, into the American colonies. He examines seven key thinkers who played a major role in the development of this religious trajectory as it came to fruition in American political and legal history: William Penn, John Locke, Elisha Williams, Isaac Backus, William Livingston, John Witherspoon, and James Madison. Miller shows that the separation of church and state can be read, most persuasively, as the triumph of a particular strand of Protestant nonconformity-that which stretched back to the Puritan separatist and the Restoration sects, rather than to those, like Presbyterians, who sought to replace the "wrong" church establishment with their own, "right" one. The Religious Roots of the First Amendment contributes powerfully to the current trend among some historians to rescue the eighteenth-century clergymen and religious controversialists from the enormous condescension of posterity.

Perilous Times

Author : Geoffrey R. Stone
ISBN : 0393058808
Genre : History
File Size : 43. 71 MB
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An investigation into how free speech and other civil liberties have been compromised in America by war in six historical periods describes how presidents, Supreme Court justices, and resistors contributed to the administration of civil freedoms, in an account complemented by rare photographs, posters, and historical illustrations. 20,000 first printing.

Students Right To Speak

Author : Erica R. Salkin
ISBN : 9781476662923
Genre : Education
File Size : 40. 68 MB
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In 1969, Supreme Court Justice Abe Fortas called free speech in public schools a "hazardous freedom," but one well worth the risk. A half-century later, with technology enabling students to communicate in ways only dreamed about in Fortas' time, that freedom seems more hazardous than ever. Yet still worth the risk, given equal respect for students' First Amendment rights and for the requirements of an orderly educational institution. This book provides educators, administrators, school board members and parents a starting point in creating student speech policies that encourage the responsible exercise of constitutional freedoms, while respecting the learning environment. The author discusses the history, sociology, law and philosophy surrounding student speech, demonstrating that free speech and effective teaching and administration in public schools are not mutually exclusive.

Founding Faith

Author : Steven Waldman
ISBN : 9781588366740
Genre : Religion
File Size : 31. 63 MB
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The culture wars have distorted the dramatic story of how Americans came to worship freely. Many activists on the right maintain that the United States was founded as a “Christian nation.” Many on the left contend that the Founders were secular or Deist and that the First Amendment was designed to boldly separate church and state throughout the land. None of these claims are true, argues Beliefnet.com editor in chief Steven Waldman. With refreshing objectivity, Waldman narrates the real story of how our nation’s Founders forged a new approach to religious liberty, a revolutionary formula that promoted faith . . . by leaving it alone. This fast-paced narrative begins with earlier settlers’ stunningly unsuccessful efforts to create a Christian paradise, and concludes with the presidencies of Washington, Adams, Jefferson, and Madison, during which the men who had devised lofty principles regarding the proper relationship between church and state struggled to practice what they’d preached. We see how religion helped cause, and fuel, the Revolutionary War, and how the surprising alliance between Enlightenment philosophers such as Jefferson and Madison and evangelical Christians resulted in separation of church and state. As the drama unfolds, Founding Faith vividly describes the religious development of five Founders. Benjamin Franklin melded the morality-focused Puritan theology of his youth and the reason-based Enlightenment philosophy of his adulthood. John Adams’s pungent views on religion–hatred of the Church of England and Roman Catholics–stoked his revolutionary fervor and shaped his political strategy. George Washington came to view religious tolerance as a military necessity. Thomas Jefferson pursued a dramatic quest to “rescue” Jesus, in part by editing the Bible. Finally, it was James Madison–the tactical leader of the battle for religious freedom–who crafted an integrated vision of how to prevent tyranny while encouraging religious vibrancy. The spiritual custody battle over the Founding Fathers and the role of religion in America continues today. Waldman provocatively argues that neither side in the culture war has accurately depicted the true origins of the First Amendment. He sets the record straight, revealing the real history of religious freedom to be dramatic, unexpected, paradoxical, and inspiring. An interactive library of the key writings by the Founding Father, on separation of church and state, personal faith, and religious liberty can be found at www.beliefnet.com/foundingfaith.

The First Congress

Author : Fergus M. Bordewich
ISBN : 9781451691931
Genre : History
File Size : 41. 54 MB
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"The First Congress was the most important in US history says prizewinning author and historian Fergus Bordewich, because it established how our government would actually function. Had it failed--as many at the time feared it would--it's possible that the United States as we know it would not exist today,"--NoveList.

The Rights Retained By The People

Author : Randy E. Barnett
ISBN : STANFORD:36105060058802
Genre : Law
File Size : 36. 29 MB
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Liberty S First Crisis

Author : Charles Slack
ISBN : 9780802191687
Genre : Political Science
File Size : 31. 91 MB
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When the United States government passed the Bill of Rights in 1791, its uncompromising protection of speech and of the press were unlike anything the world had ever seen before. But by 1798, the once-dazzling young republic of the United States was on the verge of collapse: partisanship gripped the weak federal government, British seizures threatened American goods and men on the high seas, and war with France seemed imminent as its own democratic revolution deteriorated into terror. Suddenly, the First Amendment, which protected harsh commentary of the weak government, no longer seemed as practical. So that July, President John Adams and the Federalists in control of Congress passed an extreme piece of legislation that made criticism of the government and its leaders a crime punishable by heavy fines and jail time. In Liberty’s First Crisis, writer Charles Slack tells the story of the 1798 Sedition Act, the crucial moment when high ideals met real-world politics and the country’s future hung in the balance. From a loudmouth in a bar to a firebrand politician to Benjamin Franklin’s own grandson, those victimized by the Sedition Act were as varied as the country’s citizenry. But Americans refused to let their freedoms be so easily dismissed: they penned fiery editorials, signed petitions, and raised “liberty poles,” while Vice President Thomas Jefferson and James Madison drew up the infamous Kentucky and Virginia Resolutions, arguing that the Federalist government had gone one step too far. Liberty’s First Crisis vividly unfolds these pivotal events in the early life of the republic, as the Founding Fathers struggled to define America off the page and preserve the freedoms they had fought so hard to create.

The Penguin Guide To The United States Constitution

Author : Richard Beeman
ISBN : 9781101459003
Genre : Political Science
File Size : 58. 68 MB
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What is the President, Congress, and the Supreme Court really allowed to do? This unique and handy guide includes the documents that guide our government, annotated with accessible explanations from one of America's most esteemed constitutional scholars. Known across the country for his appearance on The Daily Show with Jon Stewart, Professor Richard Beeman is one of the nation's foremost experts on the United States Constitution. In this book, he has produced what every American should have: a compact, fully annotated copy of the Declaration of Independence, the Constitution and amendments, all in their entirety. A marvel of accessibility and erudition, the guide also features a history of the making of the Constitution with excerpts from The Federalist Papers and a look at crucial Supreme Court cases that reminds us that the meaning of many of the specific provisions of the Constitution has changed over time. "Excellent . . . valuable and judicious." -Jill Lepore, The New Yorker

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