the bill of rights creation and reconstruction

Download Book The Bill Of Rights Creation And Reconstruction in PDF format. You can Read Online The Bill Of Rights Creation And Reconstruction here in PDF, EPUB, Mobi or Docx formats.

The Bill Of Rights

Author : Akhil Reed Amar
ISBN : 0300127081
Genre : Law
File Size : 60. 74 MB
Format : PDF, ePub, Docs
Download : 519
Read : 1188

Get This Book


Are the deep insights of Hugo Black, William Brennan, and Felix Frankfurter that have defined our cherished Bill of Rights fatally flawed? With meticulous historical scholarship and elegant legal interpretation a leading scholar of Constitutional law boldly answers yes as he explodes conventional wisdom about the first ten amendments to the U.S. Constitution in this incisive new account of our most basic charter of liberty. Akhil Reed Amar brilliantly illuminates in rich detail not simply the text, structure, and history of individual clauses of the 1789 Bill, but their intended relationships to each other and to other constitutional provisions. Amar's corrective does not end there, however, for as his powerful narrative proves, a later generation of antislavery activists profoundly changed the meaning of the Bill in the Reconstruction era. With the Fourteenth Amendment, Americans underwent a new birth of freedom that transformed the old Bill of Rights. We have as a result a complex historical document originally designed to protect the people against self-interested government and revised by the Fourteenth Amendment to guard minority against majority. In our continuing battles over freedom of religion and expression, arms bearing, privacy, states' rights, and popular sovereignty, Amar concludes, we must hearken to both the Founding Fathers who created the Bill and their sons and daughters who reconstructed it. Amar's landmark work invites citizens to a deeper understanding of their Bill of Rights and will set the basic terms of debate about it for modern lawyers, jurists, and historians for years to come.

Diminishing The Bill Of Rights

Author : William Davenport Mercer
ISBN : 9780806158655
Genre : Law
File Size : 41. 54 MB
Format : PDF, Docs
Download : 932
Read : 726

Get This Book


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.

Misreading The Bill Of Rights Top Ten Myths Concerning Your Rights And Liberties

Author : Kirby Goidel
ISBN : 9781440832345
Genre : Political Science
File Size : 72. 20 MB
Format : PDF, Kindle
Download : 314
Read : 443

Get This Book


The Bill of Rights—the first 10 amendments to the U.S. Constitution—are widely misunderstood by many Americans. This book explores the widely held myths about the Bill of Rights, how these myths originated, why they have persisted, and the implications for contemporary politics and policy. • Carefully separates out widely held contemporary beliefs about the Bill of Rights and connects them to debates over meaning, enabling readers to see how the meaning of rights is historically and contextually determined • Explores the Bill of Rights in the context of myths that define the American political culture • Provides an even-handed but incisive analysis of individual myths, pointing out where both the left and the right often misinterpret the true meaning of the Bill of Rights • Places the debates regarding rights in contemporary politics and modern society by considering the complex challenge of protecting individual freedoms in the context of a digital age, international terrorism, and ongoing threats to national security

The American Language Of Rights

Author : Richard A. Primus
ISBN : 1139426427
Genre : Political Science
File Size : 29. 46 MB
Format : PDF, ePub, Docs
Download : 996
Read : 424

Get This Book


Richard A. Primus examines three crucial periods in American history (the late eighteenth century, the civil war and the 1950s and 1960s) in order to demonstrate how the conceptions of rights prevailing at each of these times grew out of reactions to contemporary social and political crises. His innovative approach sees rights language as grounded more in opposition to concrete social and political practices, than in the universalistic paradigms presented by many political philosophers. This study demonstrates the potency of the language of rights throughout American history, and looks for the first time at the impact of modern totalitarianism (in Nazi Germany and the Soviet Union) on American conceptions of rights. The American Language of Rights is a major contribution to contemporary political theory, of interest to scholars and students in politics and government, constitutional law, and American history.

Reconstruction In The United States

Author :
ISBN : 0313291993
Genre : History
File Size : 44. 7 MB
Format : PDF
Download : 494
Read : 175

Get This Book


Provides the definitive guide to literature about Reconstruction published from 1877 to 1998.

America S Unwritten Constitution

Author : Akhil Reed Amar
ISBN : 9780465033096
Genre : Law
File Size : 61. 17 MB
Format : PDF, ePub
Download : 767
Read : 1300

Get This Book


America's Unwritten Constitution presents a bold new vision of the American constitutional system, one in which proper interpretation of the Constitution rests on the interplay between its written and unwritten manifestations, but in which interpretation does not, and cannot, depend wholly on one form or the other. Neither America's written Constitution nor its unwritten Constitution stands alone, Amar shows, and with each eye-opening example he develops a deeper, more compelling way of thinking about constitutional law than has ever been put forth before-a methodology that looks past the basic text to reveal the diverse influences, supplements, and possibilities that comprise it.

The Revolutionary Constitution

Author : David J. Bodenhamer
ISBN : 9780199913039
Genre : History
File Size : 36. 67 MB
Format : PDF, Docs
Download : 582
Read : 343

Get This Book


The framers of the Constitution chose their words carefully when they wrote of a more perfect union--not absolutely perfect, but with room for improvement. Indeed, we no longer operate under the same Constitution as that ratified in 1788, or even the one completed by the Bill of Rights in 1791--because we are no longer the same nation. In The Revolutionary Constitution, David J. Bodenhamer provides a comprehensive new look at America's basic law, integrating the latest legal scholarship with historical context to highlight how it has evolved over time. The Constitution, he notes, was the product of the first modern revolution, and revolutions are, by definition, moments when the past shifts toward an unfamiliar future, one radically different from what was foreseen only a brief time earlier. In seeking to balance power and liberty, the framers established a structure that would allow future generations to continually readjust the scale. Bodenhamer explores this dynamic through seven major constitutional themes: federalism, balance of powers, property, representation, equality, rights, and security. With each, he takes a historical approach, following their changes over time. For example, the framers wrote multiple protections for property rights into the Constitution in response to actions by state governments after the Revolution. But twentieth-century courts--and Congress--redefined property rights through measures such as zoning and the designation of historical landmarks (diminishing their commercial value) in response to the needs of a modern economy. The framers anticipated just such a future reworking of their own compromises between liberty and power. With up-to-the-minute legal expertise and a broad grasp of the social and political context, this book is a tour de force of Constitutional history and analysis.

The Oxford Handbook Of The American Revolution

Author : Edward G. Gray
ISBN : 9780199324033
Genre : History
File Size : 72. 85 MB
Format : PDF, Mobi
Download : 770
Read : 819

Get This Book


The Oxford Handbook of the American Revolution draws on a wealth of new scholarship to create a vibrant dialogue among varied approaches to the revolution that made the United States. In thirty-three essays written by authorities on the period, the Handbook brings to life the diverse multitudes of colonial North America and their extraordinary struggles before, during, and after the eight-year-long civil war that secured the independence of thirteen rebel colonies from their erstwhile colonial parent. The chapters explore battles and diplomacy, economics and finance, law and culture, politics and society, gender, race, and religion. Its diverse cast of characters includes ordinary farmers and artisans, free and enslaved African Americans, Indians, and British and American statesmen and military leaders. In addition to expanding the Revolution's who, the Handbook broadens its where, portraying an event that far transcended the boundaries of what was to become the United States. It offers readers an American Revolution whose impact ranged far beyond the thirteen colonies. The Handbook's range of interpretive and methodological approaches captures the full scope of current revolutionary-era scholarship. Its authors, British and American scholars spanning several generations, include social, cultural, military, and imperial historians, as well as those who study politics, diplomacy, literature, gender, and sexuality. Together and separately, these essays demonstrate that the American Revolution remains a vibrant and inviting a subject of inquiry. Nothing comparable has been published in decades.

The Radical Reader

Author : Timothy McCarthy
ISBN : 9781595587428
Genre : History
File Size : 72. 4 MB
Format : PDF, Kindle
Download : 537
Read : 354

Get This Book


Radicalism is as American as apple pie. One can scarcely imagine what American society would look like without the abolitionists, feminists, socialists, union organizers, civil-rights workers, gay and lesbian activists, and environmentalists who have fought stubbornly to breathe life into the promises of freedom and equality that lie at the heart of American democracy. The first anthology of its kind, The Radical Reader brings together more than 200 primary documents in a comprehensive collection of the writings of America’s native radical tradition. Spanning the time from the colonial period to the twenty-first century, the documents have been drawn from a wealth of sources—speeches, manifestos, newspaper editorials, literature, pamphlets, and private letters. From Thomas Paine’s “Common Sense” to Kate Millett’s “Sexual Politics,” these are the documents that sparked, guided, and distilled the most influential movements in American history. Brief introductory essays by the editors provide a rich biographical and historical context for each selection included.

Thomas Jefferson And The Wall Of Separation Between Church And State

Author : Daniel Dreisbach
ISBN : 9780814720844
Genre : Law
File Size : 90. 80 MB
Format : PDF, ePub, Docs
Download : 322
Read : 1093

Get This Book


No phrase in American letters has had a more profound influence on church-state law, policy, and discourse than Thomas Jefferson’s “wall of separation between church and state,” and few metaphors have provoked more passionate debate. Introduced in an 1802 letter to the Danbury, Connecticut Baptist Association, Jefferson’s “wall” is accepted by many Americans as a concise description of the U.S. Constitution’s church-state arrangement and conceived as a virtual rule of constitutional law. Despite the enormous influence of the “wall” metaphor, almost no scholarship has investigated the text of the Danbury letter, the context in which it was written, or Jefferson’s understanding of his famous phrase. Thomas Jefferson and the Wall of Separation Between Church and State offers an in-depth examination of the origins, controversial uses, and competing interpretations of this powerful metaphor in law and public policy.

Top Download:

Best Books