Negotiating the Constitution: The Earliest Debates over Original Intent, Joseph M. Lynch
Автор: Beckwith Название: Taking Rites Seriously ISBN: 1107533058 ISBN-13(EAN): 9781107533059 Издательство: Cambridge Academ Рейтинг: Цена: 5069.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Taking Rites Seriously is about how religious beliefs and religious believers are assessed by judges and legal scholars and are sometimes mischaracterized and misunderstood by those who are critical of the influence of religion in politics or in the formation of law.
The Leviathan (1651), The Two Treatises of Government (1689), The Social Contract (1762), The Constitution of Pennsylvania (1776) The Original Texts from Hobbes, Locke, Rousseau and The Founding Fathers of the United States
Автор: Green Название: Equal Citizenship, Civil Rights, and the Constitution ISBN: 1138846805 ISBN-13(EAN): 9781138846807 Издательство: Taylor&Francis Рейтинг: Цена: 24499.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
The Privileges or Immunities Clause of the Fourteenth Amendment is arguably the most historically important clause of the most significant part of the US Constitution. Designed to be a central guarantor of civil rights and civil liberties following Reconstruction, this clause could have been at the center of most of the country's constitutional controversies, not only during Reconstruction, but in the modern period as well; yet for a variety of historical reasons, including precedent-setting narrow interpretations, the Privileges or Immunities Clause has been cast aside by the Supreme Court. This book investigates the Clause in a textualist-originalist manner, an approach increasingly popular among both academics and judges, to examine the meanings actually expressed by the text in its original context.
Arguing for a revival of the Privileges or Immunities Clause, author Christopher Green lays the groundwork for assessing the originalist credentials of such areas of law as school segregation, state action, sex discrimination, incorporation of the Bill of Rights against states, the relationship between tradition and policy analysis in assessing fundamental rights, and the Fourteenth Amendment rights of corporations and aliens. Thoroughly argued and historically well-researched, this book demonstrates that the Privileges or Immunities Clause protects liberty and equality, and it will be of interest to legal academics, American legal historians, and anyone interested in American constitutional history.
Автор: Green Название: Equal Citizenship, Civil Rights, and the Constitution ISBN: 1138281743 ISBN-13(EAN): 9781138281745 Издательство: Taylor&Francis Рейтинг: Цена: 8573.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
The Privileges or Immunities Clause of the Fourteenth Amendment is arguably the most historically important clause of the most significant part of the US Constitution. Designed to be a central guarantor of civil rights and civil liberties following Reconstruction, this clause could have been at the center of most of the country's constitutional controversies, not only during Reconstruction, but in the modern period as well; yet for a variety of historical reasons, including precedent-setting narrow interpretations, the Privileges or Immunities Clause has been cast aside by the Supreme Court. This book investigates the Clause in a textualist-originalist manner, an approach increasingly popular among both academics and judges, to examine the meanings actually expressed by the text in its original context.
Arguing for a revival of the Privileges or Immunities Clause, author Christopher Green lays the groundwork for assessing the originalist credentials of such areas of law as school segregation, state action, sex discrimination, incorporation of the Bill of Rights against states, the relationship between tradition and policy analysis in assessing fundamental rights, and the Fourteenth Amendment rights of corporations and aliens. Thoroughly argued and historically well-researched, this book demonstrates that the Privileges or Immunities Clause protects liberty and equality, and it will be of interest to legal academics, American legal historians, and anyone interested in American constitutional history.
Peter Kanzler - The Prince (1532), The Leviathan (1651), The Two Treatises of Government (1689), The Constitution of Pennsylvania (1776) - The Original Texts of Machiavelli, Hobbes, Locke and The Founding Fathers of the United States of America
Автор: James Madison Название: Notes of Debates in the Federal Convention of 1787 ISBN: 0821407651 ISBN-13(EAN): 9780821407653 Издательство: Wiley EDC Рейтинг: Цена: 4631.00 р. Наличие на складе: Поставка под заказ.
Описание: James Madison’s record of the Constitutional Convention traces day by day the debates held from May to September 1787 and presents the only complete picture we have of the strategy, interests, and ideas of the Founders at the convention itself.
Автор: Beckwith Название: Taking Rites Seriously ISBN: 1107112729 ISBN-13(EAN): 9781107112728 Издательство: Cambridge Academ Рейтинг: Цена: 13146.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Taking Rites Seriously is about how religious beliefs and religious believers are assessed by judges and legal scholars and are sometimes mischaracterized and misunderstood by those who are critical of the influence of religion in politics or in the formation of law.
Описание: What would an Anti-Federalist Constitution look like? Because we view the Constitution through the lens of the Federalists who came to control the narrative, we tend to forget those who opposed its ratification. And yet the Anti-Federalist arguments, so critical to an understanding of the Constitution's origins and meaning, resonate throughout American history. By reconstructing these arguments and tracing their development through the ratification debates, Michael J. Faber presents an alternative perspective on constitutional history. Telling, in a sense, the other side of the story of the Constitution, his book offers key insights into the ideas that helped to form the nation’s founding document and that continue to inform American politics and public life.Faber identifies three distinct strands of political thought that eventually came together in a clear and coherent Anti-Federalism position: (1) the individual and the potential for governmental tyranny; (2) power, specifically the states as defenders of the people; and (3) democratic principles and popular sovereignty. After clarifying and elaborating these separate strands of thought and analyzing a well-known proponent of each, Faber goes on to tell the story of the resistance to the Constitution, focusing on ideas but also following and explaining events and strategies. Finally, he produces a “counterfactual” Anti-Federalist Constitution, summing up the Anti-Federalist position as it might have emerged had the opposition drafted the document.How would such a constitution have worked in practice? A close consideration reveals the legacy of the Anti-Federalists in early American history, in the US Constitution and its role in the nation’s political life.
Описание: What would an Anti-Federalist Constitution look like? Because we view the Constitution through the lens of the Federalists who came to control the narrative, we tend to forget those who opposed its ratification. And yet the Anti-Federalist arguments, so critical to an understanding of the Constitution's origins and meaning, resonate throughout American history. By reconstructing these arguments and tracing their development through the ratification debates, Michael J. Faber presents an alternative perspective on constitutional history. Telling, in a sense, the other side of the story of the Constitution, his book offers key insights into the ideas that helped to form the nation's founding document and that continue to inform American politics and public life.Faber identifies three distinct strands of political thought that eventually came together in a clear and coherent Anti-Federalism position: (1) the individual and the potential for governmental tyranny; (2) power, specifically the states as defenders of the people; and (3) democratic principles and popular sovereignty. After clarifying and elaborating these separate strands of thought and analyzing a well-known proponent of each, Faber goes on to tell the story of the resistance to the Constitution, focusing on ideas but also following and explaining events and strategies. Finally, he produces a “counterfactual” Anti-Federalist Constitution, summing up the Anti-Federalist position as it might have emerged had the opposition drafted the document.How would such a constitution have worked in practice? A close consideration reveals the legacy of the Anti-Federalists in early American history, in the US Constitution and its role in the nation's political life.
Автор: Catterall, Peter Название: Reforming the Constitution ISBN: 0714681075 ISBN-13(EAN): 9780714681078 Издательство: Taylor&Francis Рейтинг: Цена: 6583.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The issue of what would come to be known as the Missouri Crisis tested the still young American republic and, some four decades later, would all but rend it asunder. This collection of essays engages the intersections of history and constitutional law, and is certain to find eager readers among historians, legal scholars, and political scientists.
No concept sparks more controversy in constitutional debate than "original intent." Offering a legal historian's approach to the subject, this book demonstrates that the framers deliberately obscured one of their more important decisions.
Joseph M. Lynch argues that the Constitution was a product of political struggles involving regional interests, economic concerns, and ideology. The framers, he maintains, settled on enigmatic wording of the Necessary and Proper Clause and of the General Welfare provision in the Spending Clause as a compromise, leaving the extent of federal power to be determined by the political process. During ratification, however, attempts by dissident framers to undo the compromise were repelled in The Federalist: charges of overly broad congressional powers were met with protestations that in fact these powers were limited.
Lynch describes how early lawmakers applied the Constitution to such issues as executive power and privilege, the deportation of aliens, and the prohibition of seditious speech. He follows the disputes over the interpretation of this document—focusing on James Madison's changing views—as the new government took shape and political parties were formed. Lynch points out that the first six Congresses and President George Washington disregarded the framers' intentions when they were deemed impractical to follow. In contrast, he warns that the version of original intent put forth in recent Supreme Court opinions regarding congressional power could hinder Congress in serving the nation.
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