The Heart of the Constitution

Author: Gerard Magliocca
Publisher: Oxford University Press
ISBN: 9780190271602
Release Date: 2018
Genre: History

"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"--

The Heart of the Constitution

Author: Gerard Magliocca
Publisher: Oxford University Press
ISBN: 9780190271626
Release Date: 2017-12-19
Genre: Law

This is the untold story of the most celebrated part of the Constitution. Until the twentieth century, few Americans called the first ten constitutional amendments drafted by James Madison in 1789 and ratified by the states in 1791 the Bill of Rights. Even more surprising, when people finally started doing so between the Spanish-American War and World War II, the Bill of Rights was usually invoked to justify increasing rather than restricting the authority of the federal government. President Franklin D. Roosevelt played a key role in that development, first by using the Bill of Rights to justify the expansion of national regulation under the New Deal, and then by transforming the Bill of Rights into a patriotic rallying cry against Nazi Germany. It was only after the Cold War began that the Bill of Rights took on its modern form as the most powerful symbol of the limits on government power. These are just some of the revelations about the Bill of Rights in Gerard Magliocca's The Heart of the Constitution. For example, we are accustomed to seeing the Bill of Rights at the end of the Constitution, but Madison wanted to put them in the middle of the document. Why was his plan rejected and what impact did that have on constitutional law? Today we also venerate the first ten amendments as the Bill of Rights, but many Supreme Court opinions say that only the first eight or first nine amendments. Why was that and why did that change? The Bill of Rights that emerges from Magliocca's fresh historical examination is a living text that means something different for each generation and reflects the great ideas of the Constitution--individual freedom, democracy, states' rights, judicial review, and national power in time of crisis.

The Heart of the Constitution

Author: Gerard Magliocca
Publisher: Oxford University Press
ISBN: 9780190271619
Release Date: 2017-12-19
Genre: Law

This is the untold story of the most celebrated part of the Constitution. Until the twentieth century, few Americans called the first ten constitutional amendments drafted by James Madison in 1789 and ratified by the states in 1791 the Bill of Rights. Even more surprising, when people finally started doing so between the Spanish-American War and World War II, the Bill of Rights was usually invoked to justify increasing rather than restricting the authority of the federal government. President Franklin D. Roosevelt played a key role in that development, first by using the Bill of Rights to justify the expansion of national regulation under the New Deal, and then by transforming the Bill of Rights into a patriotic rallying cry against Nazi Germany. It was only after the Cold War began that the Bill of Rights took on its modern form as the most powerful symbol of the limits on government power. These are just some of the revelations about the Bill of Rights in Gerard Magliocca's The Heart of the Constitution. For example, we are accustomed to seeing the Bill of Rights at the end of the Constitution, but Madison wanted to put them in the middle of the document. Why was his plan rejected and what impact did that have on constitutional law? Today we also venerate the first ten amendments as the Bill of Rights, but many Supreme Court opinions say that only the first eight or first nine amendments. Why was that and why did that change? The Bill of Rights that emerges from Magliocca's fresh historical examination is a living text that means something different for each generation and reflects the great ideas of the Constitution--individual freedom, democracy, states' rights, judicial review, and national power in time of crisis.

The Bill of Rights

Author: Founding Fathers (CRT)
Publisher:
ISBN: 155709151X
Release Date: 2008-01-15
Genre: Law

Offers the text of the Bill of Rights followed by a history of the amendments, placing the document in its historical context.

The Bill of Rights in the Modern State

Author: Geoffrey R. Stone
Publisher: University of Chicago Press
ISBN: 0226775313
Release Date: 1992-10-15
Genre: Law

"Papers presented at a symposium held Oct. 25-26, 1991" -- Introduction.

The Sixth Amendment

Author: Therese M. Shea
Publisher: The Rosen Publishing Group, Inc
ISBN: 9781448823277
Release Date: 2011-01-15
Genre: Law

This book is an introduction to the Sixth Amendment which empowers the people as it guarantees rights to an accused person in criminal cases.

Diminishing the Bill of Rights

Author: William Davenport Mercer
Publisher: University of Oklahoma Press
ISBN: 9780806158655
Release Date: 2017-04-13
Genre: Law

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.

Andrew Jackson and the Constitution

Author: Gerard N. Magliocca
Publisher:
ISBN: 0700617868
Release Date: 2011
Genre: History

Focuses on key Supreme Court battles during Jackson's tenure--states' rights, the status of Native Americans and slaves, and many others--to demonstrate how the fights between Jacksonian Democrats and Federalists, and later Republicans, is simply the inevitable--and cyclical--shift in constitutional interpretation that happens from one generation to the next.

The Guardian of Every Other Right

Author: James W. Ely Jr.
Publisher: Oxford University Press
ISBN: 0199724520
Release Date: 2007-11-30
Genre: History

The Guardian of Every Other Right chronicles the pivotal role of property rights in fashioning the American constitutional order from the colonial era to the current controversies over eminent domain and land use controls. The book emphasizes the interplay of law, ideology, politics, and economic change in shaping constitutional thought and provides a historical perspective on the contemporary debate about property rights. Since publication of the original edition of this work, both academic and popular interest in the constitutional rights of property owners has markedly increased. Now in its third edition, this text has been revised to incorporate a full treatment of important judicial decisions, notable legislation, and scholarship since the second edition appeared in 1997. In particular, Ely provides helpful background and context for understanding the controversial Kelo decision relating to the exercise of eminent domain power for "public use." Covering the entire history of property rights in the United States, this new edition continues to fill a major gap in the literature of constitutional history and is an ideal text for students of legal and constitutional history.

From Parchment to Power

Author: Robert A. Goldwin
Publisher: American Enterprise Institute
ISBN: 0844740136
Release Date: 1997-01-01
Genre: History

This book tells how the Bill of Rights was amended to the Constitution and explains how that addition completed the Constitution by clarifying the status of the American people.

Examples Explanations for Constitutional Law National Power and Federalism

Author: Christopher N. May
Publisher: Wolters Kluwer Law & Business
ISBN: 9781454874751
Release Date: 2016-01-12
Genre: Law

A favorite among successful students, and often recommended by professors, the unique Examples & Explanations series gives you extremely clear introductions to concepts followed by realistic examples that mirror those presented in the classroom throughout the semester. Use at the beginning and midway through the semester to deepen your understanding through clear explanations, corresponding hypothetical fact patterns, and analysis. Then use to study for finals by reviewing the hypotheticals as well as the structure and reasoning behind the accompanying analysis. Designed to complement your casebook, the trusted Examples & Explanations titles get right to the point in a conversational, often humorous style that helps you learn the material each step of the way and prepare for the exam at the end of the course. Constitutional Law: National Power and Federalism features straightforward, informal text that is never simplistic. Its unique, time-tested Examples & Explanations pedagogy combines textual material with well-written and comprehensive examples, explanations, and questions. A problem-oriented guide, it takes students through the principal doctrines of constitutional law covered in a typical course. Key Features: Updated examples and explanations Incorporates roughly 50 important new decisions from the Supreme Court’s October 2009, 2010, and 2011 terms Bond v. United States ; Arizona Christian School Tuition Organization v. Winn; Camreta v. Greene; Ashcroft v. al-Kidd Authors have 60 years of combined experience teaching Constitutional Law

Ratification

Author: Pauline Maier
Publisher: Simon and Schuster
ISBN: 1451606362
Release Date: 2010-11-23
Genre: History

CHOICE Outstanding Academic Title Winner of the George Washington Book Prize When the delegates left the Constitutional Convention in Philadelphia in September 1787, the new Constitution they had written was no more than a proposal. Elected conventions in at least nine of the thirteen states would have to ratify it before it could take effect. There was reason to doubt whether that would happen. The document we revere today as the foundation of our country’s laws, the cornerstone of our legal system, was hotly disputed at the time. Some Americans denounced the Constitution for threatening the liberty that Americans had won at great cost in the Revolutionary War. One group of fiercely patriotic opponents even burned the document in a raucous public demonstration on the Fourth of July. In this splendid new history, Pauline Maier tells the dramatic story of the yearlong battle over ratification that brought such famous founders as Washington, Hamilton, Madison, Jay, and Henry together with less well-known Americans who sometimes eloquently and always passionately expressed their hopes and fears for their new country. Men argued in taverns and coffeehouses; women joined the debate in their parlors; broadsides and newspaper stories advocated various points of view and excoriated others. In small towns and counties across the country people read the document carefully and knew it well. Americans seized the opportunity to play a role in shaping the new nation. Then the ratifying conventions chosen by "We the People" scrutinized and debated the Constitution clause by clause. Although many books have been written about the Constitutional Convention, this is the first major history of ratification. It draws on a vast new collection of documents and tells the story with masterful attention to detail in a dynamic narrative. Each state’s experience was different, and Maier gives each its due even as she focuses on the four critical states of Pennsylvania, Massachusetts, Virginia, and New York, whose approval of the Constitution was crucial to its success. The New Yorker Gilbert Livingston called his participation in the ratification convention the greatest transaction of his life. The hundreds of delegates to the ratifying conventions took their responsibility seriously, and their careful inspection of the Constitution can tell us much today about a document whose meaning continues to be subject to interpretation. Ratification is the story of the founding drama of our nation, superbly told in a history that transports readers back more than two centuries to reveal the convictions and aspirations on which our country was built.

The Illusion of the Free Press

Author: John Charney
Publisher: Bloomsbury Publishing
ISBN: 9781509908882
Release Date: 2018-01-11
Genre: Law

This book explores the relationship between truth and freedom in the free press. It argues that the relationship is problematic because the free press implies a competition between plural ideas, whereas truth is univocal. Based on this tension the book claims that the idea of a free press is premised on an epistemological illusion. This illusion enables society to maintain that the world it perceives through the press corresponds to the world as it actually exists, explaining why defenders of the free press continue to rely on its capacity to discover the truth, despite economic conditions and technological innovations undermining much of its independence. The book invites the reader to reconsider the philosophical foundations, constitutional justifications, and structure and functions of the free press, and whether the institution can, in fact, realise both freedom and truth. It will be of great interest to anyone concerned in the role and value of the free press in the modern world.

The Know Your Bill of Rights Workbook

Author: Sean Clouden
Publisher:
ISBN: 0982422733
Release Date: 2010-10-10
Genre:

Have you ever had trouble understanding the United States Bill of Rights? Have you ever wondered what was really meant by one or more of the ten amendments? Have you ever been unsure as to how these rights apply to modern society? Have you even questioned if the Bill of Rights should still be held as inviolable law, nearly 250 years after its writing? Well, don't worry, we understand. And we can help. We've created a 200-page workbook that will help you easily reach a deep understanding of the Bill of Rights by walking you through each amendment, clarifying the precise definitions of key words, providing the historical context you need to fully grasp and spirit and importance of the amendments, sharing powerfully insightful quotes on each amendment, straight from the Founders and their peers, and more.

The Tragedy of William Jennings Bryan

Author: Gerard N. Magliocca
Publisher: Yale University Press
ISBN: 9780300153149
Release Date: 2011-06-28
Genre: History

Looks at how William Jennings Bryan's attempts to reach the White House invigorated conservatives across the United States and changed approaches to constitutional law.