Author: Neil H. Cogan
Publisher: Oxford University Press
Release Date: 2015-06-30
The fundamental, inalienable rights and privileges set forth in the Bill of Rights represent the very foundations of American liberty. The Complete Bill of Rights is a documentary record of the process by which these rights and privileges were defined and recorded as law. Now in its second edition, The Complete Bill of Rights contains double the content featured in the first edition. This new edition includes all the background texts for the origins and debate of the ratification of the Bill of Rights and presents them clause by clause in a complete, accurate, and accessible format. Arranged in chronological order, the work presents each clause in its finished form, and traces its development from its proposal through drafting through adoption. Cogan presents every draft of the text and every documentary source, including state convention proposals, state, colonial, and English constitutional texts, sources in caselaw and treatises, and State and Colonial statutory and decisional law. He includes data from diaries and correspondence, pamphlets and newspapers, as well as the Congressional and State debates, including the correspondence of George Washington, Thomas Jefferson, James Madison, and John Adams among many others who debated the issues that the Supreme Court considers law today. The book also contains each version of the drafts from the manuscript collections of the National Archives and Library of Congress. The result is the most detailed and useful record of the debate over the Bill of Rights available. This first new edition since 1997 substantially expands on the previous edition, providing the same invaluable texts for two fundamental protections of liberty found in the Constitution of 1789 (though not in the Bill of Rights): the protections under habeas corpus and the privileges and immunities clauses. Each chapter expands the background discussion of rights, and provides pertinent texts in contemporary legal dictionaries to meet the increasing interest of federal and state courts in additional sources for interpretation. The second edition also provides a chapter-by-chapter discussion of rights by treatise and abridgement writers in addition to Blackstone. Finally, all margin notes and footnotes in the dictionaries and treatises are included, so the reader has access to the totality of the original statues and case law upon which the drafters relied. The Complete Bill of Rights is the only comprehensive collection of texts essential to understanding the Bill of Rights. Organized in an accessible and practical manner, it is an invaluable tool for law students, judges, lawyers, and law clerks, as well as scholars of the law, history, and political science.
Author: Neil H. Cogan
Publisher: Oxford University Press
Release Date: 1999-04-30
The three Amendments to the Constitution known as the Reconstruction Amendments (1865-1875) guaranteed the rights of citizenship, equality, and personal liberty to all Americans. This companion to Cogan's acclaimed Complete Bill of Rights, which dealt with the first ten amendments, offers the most complete set of original texts -- clauses, draft-proposals, and historical debates-associated with this landmark period in Constitutional law. This first of three volumes covers the Thirteenth Amendment (1865), which abolished slavery and the Civil Rights Act of 1866, which provided rights to "freedmen."
Author: David J. Bodenhamer
Publisher: Oxford University Press, USA
Release Date: 2007
Genre: Political Science
Designed for high school students and motivated lay readers, this book will be an introduction to the rights held by American citizens under the U.S. Constitution as explored through a series of historical case studies. Each chapter will use dramatic narrative to illustrate a right in action. Most examples, but not all, will use U.S. Supreme Court cases to focus on a time when the right in question received its modern interpretation. The aim, however, will be to use each chapter to discuss how the right applies today and how courts and other interpreters seek to balance this right with important societal concerns, such as the need for order and public safety. The book will begin with a 20-page chapter on how we arrived at our modern concept of rights. The major interpretive thread will be the continual struggle to define limits on the power of the state. The chapter will introduce several key themes: our understanding of rights has emerged from history (experience); our definition and interpretation of rights is always evolving; concepts of rights are always under contention; and various actors-legislatures, executives, and courts-compete to be the final interpreter of our rights. American constitutional rights generally fall into one of three groups-rights of democracy, that is, rights required for American democracy to work effectively; rights of the accused, or due process rights that assure a fair trial for individuals accused of crimes; and other rights of persons, including the right to privacy. A fourth category of rights are not constitutional per se, but often we conceive of them as such even though often they are statutory rights, such as the right to education... A concluding chapter will discuss other rights that may evolve as a result of current political and social movements, such as the right to health care. Along with Our Constitution and Pivotal Supreme Court Cases (working title), this book has the potential to become a core text for the annual observance of Constitution Day on September 17, which is mandated by Congress for all educational institutions receiving federal funds.
Author: Daniel Dreisbach
Publisher: NYU Press
Release Date: 2002-09-01
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.
Author: Tom Head
Publisher: Greenhaven Pr
Release Date: 2004-01
Presents a collection of primary documents, including speeches, articles, and memoirs, about the the Bill of Rights, from such figures as Alexander Hamilton, Thomas Jefferson, Mary Wollstonecraft, and Earl Warren.
Author: Kent C. Olson
Publisher: West Academic Publishing
Release Date: 2009-01-01
Principles of Legal Research will be published in June and available for fall 2009 class adoptions. Principles of Legal Research is the long-awaited successor to the venerable How to Find the Law, 9th edition, thoroughly updated for the electronic age. The text provides encyclopedic yet concise coverage of research methods and resources using both free and commercial websites as well as printed publications. An introductory survey of research strategies is followed by chapters on the sources of U.S. law created by each branch of government, discussion of major secondary sources, and an overview of international and comparative law. Sample illustrations are included, and an appendix lists nearly 500 major treatises and looseleaf services by subject.
Author: Alan Axelrod
Publisher: Cq Pr
Release Date: 2002
Ever since the Dominican missionary BartolomT de Las Casas (1476-1566) first raised civil and minority rights issues in an American context, they have figured prominently among some of the most profound and trying moments in American history.''''Minority Rights in America consists of approximately 600 engagingly written alphabetically arranged entries on civil rights, political rights, and social rights in America since the days of Christopher Columbus. The rights of all Americans are included, with particular attention to African Americans, Asian Americans, Hispanic Americans, women, and other minority groups. Many of the entries include suggested readings to facilitate additional research and understanding. ''''Entries include: ''''Biographical sketches of important historical figures who participated in the struggle to advance minority rights''Important topics, organizations, and critical events''Supreme Court cases, federal laws, and governmental agencies.''''Rounding out this comprehensive reference are three useful appendixes and a consolidated bibliography. Appendixes include:''''Excerpts of more than seventy-five important documents organized logically in six parts: historic documents, historic speeches and writings, historic legislation, Supreme Court decisions, rights activism documents, and documents from U.S. government agencies''Contact information for more than sixty associations and civil rights organizations''A list, with full citations, of the court cases mentioned in the volume. ''''''''Sample of encyclopedic entries:''Jane Addams, Affirmative action, AIDS and rights, Antisemitism, Ross Barnett, Bonus Army, Chicano studies, Shirley Chisholm, Clayton Act, Congress of Racial, Equality (CORE), Conscientious objectors, Crazy Horse, Defense of Marriage Act, Employment at will, Medgar Evers, Farm labor rights, Orval Faubus , Gerrymandering, Gray Panthers, Angelina Grimke, Haymarket Riot, J. Edgar Hoover, Langston Hughes, Indian Citizenship Act, Japanese internment, Jim Crow laws, BartolomÄ de Las Casas, Loving v. Virginia, Megan's Law, Million Man March, Ralph Nader, National Immigration, William Penn, Puritan Separatist, Rap music, Right to die, Margaret Sanger, Smokers' rights, Southern Governors, Association Trail of Tears, Voting Rights Act of 1965, Harold Washington, Youth Law Center, John Peter Zenger.''
Author: Daniel L. Dreisbach
Release Date: 2009
The Sacred Rights of Conscience provides students and scholars a rich collection of primary sources that illuminate the discussions and debates about religious liberty in the American founding era. This compilation of primary documents provides a thorough and balanced examination of the evolving relationship between public religion and American culture, from pre-colonial biblical and European sources to the early nineteenth century, to allow the reader to explore the social and political forces that defined the concept of religious liberty and shaped American church-state relations. Including material that has been previously unavailable or hard to find, The Sacred Rights of Conscience contains original documents from both public and private papers, such as constitutions, statutes, legislative resolutions, speeches, sermons, newspapers, letters, and diary entries. These documents provide a vivid reminder that religion was a dynamic factor in shaping American social, legal, and political culture and that there has been a struggle since the inception of the Republic to define the prudential and constitutional role of religion in public culture. Daniel L. Dreisbach is William E. Simon Fellow in Religion and Public Life for the James Madison Program in American Ideals and Institutions at Princeton University and professor in the School of Public Affairs at American University in Washington, D.C. Mark David Hall is Herbert Hoover Distinguished Professor of Political Science at George Fox University.
Author: John R. Vile
Release Date: 2005-01-01
The pivotal moment in the formation of the United States - The Constitutional Convention - featured battles among factions, compromise between ideologies, and disagreements that nearly derailed the enterprise. The product was a document that still stands as the guide to governing a representative democracy. This impressive encyclopedia shows in detail the lively, contentious, four-month process that produced the foundation of this country. Powerful personalities and powerful ideas formed the Constitution. This work brings the people to life and shows how they brought into being one of the most important documents in history. Drawing on original sources and a wealth of secondary works, the 350 A-Z entries and dozens of sidebars in this encyclopedia present the first-ever comprehensive treatment of all aspects of the Constitutional Convention.