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No State Shall Abridge

No State Shall Abridge Author Michael Kent Curtis
ISBN-10 082231035X
Release 1990-01-01
Pages 288
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“The book is carefully organized and well written, and it deals with a question that is still of great importance—what is the relationship of the Bill of Rights to the states.”—Journal of American History “Curtis effectively settles a serious legal debate: whether the framers of the 14th Amendment intended to incorporate the Bill of Rights guarantees and thereby inhibit state action. Taking on a formidable array of constitutional scholars, . . . he rebuts their argument with vigor and effectiveness, conclusively demonstrating the legitimacy of the incorporation thesis. . . . A bold, forcefully argued, important study.”—Library Journal



The Fourteenth Amendment and the Privileges and Immunities of American Citizenship

The Fourteenth Amendment and the Privileges and Immunities of American Citizenship Author Kurt T. Lash
ISBN-10 9781107023260
Release 2014-04-07
Pages 326
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This book presents the history behind the 1868 addition of the Privileges or Immunities Clause of the Fourteenth Amendment.



American Founding Son

American Founding Son Author Gerard N. Magliocca
ISBN-10 9780814761458
Release 2013-09-06
Pages 304
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John Bingham was the architect of the rebirth of the United States following the Civil War. A leading antislavery lawyer and congressman from Ohio, Bingham wrote the most important part of the Fourteenth Amendment to the Constitution, which guarantees fundamental rights and equality to all Americans. He was also at the center of two of the greatest trials in history, giving the closing argument in the military prosecution of John Wilkes Booth’s co-conspirators for the assassination of Abraham Lincoln and in the impeachment of President Andrew Johnson. And more than any other man, Bingham played the key role in shaping the Union’s policy towards the occupied ex-Confederate States, with consequences that still haunt our politics. American Founding Son provides the most complete portrait yet of this remarkable statesman. Drawing on his personal letters and speeches, the book traces Bingham’s life from his humble roots in Pennsylvania through his career as a leader of the Republican Party. Gerard N. Magliocca argues that Bingham and his congressional colleagues transformed the Constitution that the Founding Fathers created, and did so with the same ingenuity that their forbears used to create a more perfect union in the 1780s. In this book, Magliocca restores Bingham to his rightful place as one of our great leaders. Gerard N. Magliocca is the Samuel R. Rosen Professor at Indiana University Robert H. McKinney School of Law. He is the author of three books on constitutional law, and his work on Andrew Jackson was the subject of an hour-long program on C-Span’s Book TV.



Free Speech The People s Darling Privilege

Free Speech     The People   s Darling Privilege   Author Michael Kent Curtis
ISBN-10 0822325292
Release 2000-11-17
Pages 520
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DIVConsiders key struggles for free speech in early U.S. history, most of which were settled outside the judicial arena by legislatures following public opinion./div



The Amendment that Refused to Die

The Amendment that Refused to Die Author Howard N. Meyer
ISBN-10 1568331703
Release 2000-01-01
Pages 291
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This acclaimed chronicle of the Fourteenth Amendment traces the fascinating origins of our principal freedom amendment.



Let the Students Speak

Let the Students Speak Author David L. Hudson
ISBN-10 9780807044582
Release 2011-08-16
Pages 208
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From a trusted scholar and powerful story teller, an accessible and lively history of free speech, for and about students. Let the Students Speak! details the rich history and growth of the First Amendment in public schools, from the early nineteenth-century's failed student free-expression claims to the development of protection for students by the U.S. Supreme Court. David Hudson brings this history vividly alive by drawing from interviews with key student litigants in famous cases, including John Tinker of Tinker v. Des Moines Independent School District and Joe Frederick of the "Bong Hits 4 Jesus" case, Morse v. Frederick. He goes on to discuss the raging free-speech controversies in public schools today, including dress codes and uniforms, cyberbullying, and the regulation of any violent-themed expression in a post-Columbine and Virginia Tech environment. This book should be required reading for students, teachers, and school administrators alike. From the Trade Paperback edition.



The 14th Amendment and the Incorporation Doctrine

The 14th Amendment and the Incorporation Doctrine Author David Benner
ISBN-10 0578189720
Release 2017-01-05
Pages
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Americans often describe their rights in terms of numbers derived from amendments in the federal Bill of Rights, an unambiguous set of limitations on government. Despite this tendency, most do not realize that such amendments were never designed to inhibit local authorities. Nevertheless, during the Progressive Era the federal courts began to claim that the 14th Amendment had "incorporated" federal Bill of Rights restrictions against the state governments. Ever since, this outlook has provided the basis upon which the federal judiciary overturns state laws deemed to be unsavory. As David Benner reveals in The 14th Amendment and the Incorporation Doctrine, no such function was originally envisioned by the amendment. Demonstrating the subject's far-reaching ramifications, he illustrates how the embrace of incorporation has severely eroded the Constitution's original intent. Without constitutional sanction, this fallacious doctrine has given the federal courts an excuse to meddle with the internal affairs of the states. Virtually ignored in modern legal studies, the incorporation doctrine is now considered a settled matter of American jurisprudence. Despite the lack of attention to the topic, Benner argues that there is no legal precept that has done more to transform the power of the federal judiciary into a superlative force.



Federal Constitutional Law Introduction to Interpretive Methods and Federal Judicial Power Volume 1 2015

Federal Constitutional Law  Introduction to Interpretive Methods and Federal Judicial Power   Volume 1   2015 Author Lee J. Strang
ISBN-10 9781632809599
Release 2015-04-15
Pages
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This eBook is the first volume in the Federal Constitutional Law Modular Casebook Series. This innovative modular approach to the material facilitates a focused study of particular topics within the field of federal constitutional law. Coverage includes: • Introduction to the basic texts; • Interpretations based on the structure of government, constitutional text, and historical antecedents; • Interpretations based on the drafting and ratification debates; • Interpretations based on traditional understandings of the constitution and judicial precedents; • Judicial review and standards of review; • Congressional power to structure (and restructure) the judiciary; • Justiciability doctrines; and • Governmental immunity from suit and the Eleventh Amendment in the Nineteenth Century. The eBook versions of this title feature links to Lexis Advance for further legal research options.



The Fourteenth Amendment and the Privileges and Immunities of American Citizenship

The Fourteenth Amendment and the Privileges and Immunities of American Citizenship Author Kurt T. Lash
ISBN-10 9781107023260
Release 2014-04-07
Pages 326
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This book presents the history behind the 1868 addition of the Privileges or Immunities Clause of the Fourteenth Amendment.



Congress and the Fourteenth Amendment

Congress and the Fourteenth Amendment Author William B. Glidden
ISBN-10 9780739185742
Release 2013-08-29
Pages 206
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In Congress and the Fourteenth Amendment, William B. Glidden examines the misuse of the fourteenth amendment.



American Epic

American Epic Author Garrett Epps
ISBN-10 9780199974740
Release 2013-09-19
Pages 274
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"The United States is the only nation in the world in which political leaders, judges and soldiers all swear allegiance not to a king or a people but to a document, the Constitution. The Constitution today, however, is much revered but little read. . Readers of AMERICAN EPIC will never think of the Constitution in quite the same way again. Garrett Epps, a legal scholar who is also a journalist and writer of prize-winning fiction, takes readers on a literary tour of the Constitution, finding in it much that is interesting, puzzling, praiseworthy, and sometimes hilarious. Reading the Constitution like a literary work yields a host of meanings that shed new light on what it means to be an American"--



American Constitutional Law The Bill of Rights and Subsequent

American Constitutional Law  The Bill of Rights and Subsequent    Author
ISBN-10
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American Constitutional Law The Bill of Rights and Subsequent has been writing in one form or another for most of life. You can find so many inspiration from American Constitutional Law The Bill of Rights and Subsequent also informative, and entertaining. Click DOWNLOAD or Read Online button to get full American Constitutional Law The Bill of Rights and Subsequent book for free.



The Bill of Rights

The Bill of Rights Author Akhil Reed Amar
ISBN-10 0300127081
Release 2008-10-01
Pages 430
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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.



Government by Judiciary

Government by Judiciary Author Raoul Berger
ISBN-10 0865971447
Release 1997
Pages 555
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The Justices, who are virtually unaccountable, irremovable, and irreversible, have taken over from the people control of their own destiny. — Raoul Berger It is the thesis of this monumentally argued book that the United States Supreme Court—largely through abuses of the Fourteenth Amendment to the Constitution—has embarked on "a continuing revision of the Constitution, under the guise of interpretation." Consequently, the Court has subverted America's democratic institutions and wreaked havoc upon Americans' social and political lives. One of the first constitutional scholars to question the rise of judicial activism in modern times, Raoul Berger points out that "the Supreme Court is not empowered to rewrite the Constitution, that in its transformation of the Fourteenth Amendment it has demonstrably done so. Thereby the Justices, who are virtually unaccountable, irremovable, and irreversible, have taken over from the people control of their own destiny, an awesome exercise of power." The Court has accomplished this transformation by ignoring or actually distorting the original intent of both the framers and the supporters of the Fourteenth Amendment. In school desegregation and legislative reapportionment cases, for example, the Court manipulated the history, meaning, and purpose of the amendment's Equal Protection Clause in order to achieve a desired political result. In cases involving First Amendment freedoms and the rights of the accused, the judges converted the Fourteenth Amendment's Due Process Clause into a vehicle for the nationalization of the Bill of Rights. Yet these actions were nothing less than "usurpations" that robbed "from the States a power that unmistakably was left to them." This new second edition includes the original text of 1977 and extensive supplementary discourses in which the author assesses and rebuts the responses of his critics. Raoul Berger retired in 1976 as Charles Warren Senior Fellow in American Legal History, Harvard University.



The Bill of Rights Primer

The Bill of Rights Primer Author Akhil Reed Amar
ISBN-10 9781628733983
Release 2013-07-01
Pages 424
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Many Americans reference the Bill of Rights, a document that represents many of the freedoms that define the United States. Who doesn’t know about the First Amendment’s freedom of religion or Second Amendment’s right to bear arms? In this pocket-sized volume, Akhil Reed Amar and Les Adams offer a wealth of knowledge about the Bill of Rights that goes beyond a basic understanding. The Bill of Rights Primer is an authoritative guide to all American freedoms. Uncluttered and well-organized, this text is perfect for those who want to study up on the Bill of Rights without needing a law degree to do so. This elementary guidebook presents a short historical survey of the people, events, decrees, legislation, writings, and cultural milestones, in England and the American colonies, that influenced the Founding Fathers as they drafted the U.S. Constitution and Bill of Rights. With helpful comments and fun facts in the margins, the book will provide a deeper understanding of the Bill of Rights, exhibiting that it is not a stagnant document but one with an evolving meaning shaped by historical events, such as the American Civil War and Reconstruction.



No Establishment of Religion

No Establishment of Religion Author T. Jeremy Gunn
ISBN-10 9780199986019
Release 2012-11-02
Pages 432
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The First Amendment guarantee that "Congress shall make no law respecting an establishment of religion" rejected the millennium-old Western policy of supporting one form of Christianity in each nation and subjugating all other faiths. The exact meaning and application of this American innovation, however, has always proved elusive. Individual states found it difficult to remove traditional laws that controlled religious doctrine, liturgy, and church life, and that discriminated against unpopular religions. They found it even harder to decide more subtle legal questions that continue to divide Americans today: Did the constitution prohibit governmental support for religion altogether, or just preferential support for some religions over others? Did it require that government remove Sabbath, blasphemy, and oath-taking laws, or could they now be justified on other grounds? Did it mean the removal of religious texts, symbols, and ceremonies from public documents and government lands, or could a democratic government represent these in ever more inclusive ways? These twelve essays stake out strong and sometimes competing positions on what "no establishment of religion" meant to the American founders and to subsequent generations of Americans, and what it might mean today.



Guns and the Constitution

Guns and the Constitution Author Dennis A. Henigan
ISBN-10 1880831147
Release 1995
Pages 82
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Guns and the Constitution has been writing in one form or another for most of life. You can find so many inspiration from Guns and the Constitution also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Guns and the Constitution book for free.