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The Lost History of the Ninth Amendment

The Lost History of the Ninth Amendment Author Kurt T. Lash
ISBN-10 9780190451745
Release 2009-03-27
Pages 394
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The Ninth Amendment has had a remarkably robust history, playing a role in almost every significant constitutional debate in American history, including the controversy over the Alien and Sedition Acts, the struggle over slavery, and the constitutionality of the New Deal. Until very recently, however, this history has been almost completely lost due to a combination of historical accident, mistaken assumptions, and misplaced historical documents. Drawing upon a wide range of primary sources, most never before included in any book on the Ninth Amendment or the Bill of Rights, Kurt T. Lash recovers the lost history of the Ninth Amendment and explores how its original understanding can be applied to protect the people's retained rights today. The most important aspect of The Lost History of the Ninth Amendment is its presentation of newly uncovered historical evidence which calls into question the currently presumed meaning and application of the Ninth Amendment. The evidence not only challenges the traditional view regarding the original meaning of the Ninth Amendment, it also falsifies the common assumption that the Amendment lay dormant prior to the Supreme Court's "discovery" of the clause in Griswold v. Connecticut. As a history of the Ninth Amendment, the book recapitulates the history of federalism in America and the idea that local self-government is a right retained by the people. This issue has particular contemporary salience as the Supreme Court considers whether states have the right to authorize medicinal use of marijuana, refuse to assist the enforcement of national laws like the Patriot Act, or regulate physician-assisted suicide. The meaning of the Ninth Amendment has played a key role in past Senate confirmation hearings for Supreme Court justices and the current divide on the Court regarding the meaning of the Ninth Amendment makes it likely the subject will come up again during the next set of hearings.



The Rights retained by the people

The Rights retained by the people Author Randy E. Barnett
ISBN-10 STANFORD:36105060058802
Release 1993-03
Pages 546
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The Rights retained by the people has been writing in one form or another for most of life. You can find so many inspiration from The Rights retained by the people also informative, and entertaining. Click DOWNLOAD or Read Online button to get full The Rights retained by the people book for free.



The Ninth Amendment Key to Understanding the Bill of Rights

The Ninth Amendment  Key to Understanding the Bill of Rights Author Duane L Ostler
ISBN-10 9781311986931
Release 2014-10-08
Pages 86
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This book explains how the Ninth Amendment is the key to understanding rights in the United States. The founders created the Ninth Amendment to protect unlisted natural law rights as they were understood in their day. This amendment was never intended to allow future generations to create new rights. Rather, it was to safeguard the morality and natural rights of the founding generation.



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.



Restoring the Lost Constitution

Restoring the Lost Constitution Author Randy E. Barnett
ISBN-10 9781400848133
Release 2013-11-24
Pages 448
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The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost. Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a "presumption of liberty" to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people. As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.



Sexual Rights in America

Sexual Rights in America Author Paul R. Abramson
ISBN-10 9780814707524
Release 2003-08-01
Pages 227
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The Constitution of the United States guarantees all Americans certain rights, such as the freedoms of speech and religious expression. But what guarantees our sexual freedoms? Sexual Rights in America presents a bold and intriguing look at the constitutional basis of sexual rights in America. Resurrecting the "forgotten" Ninth Amendment, which guarantees those fundamental rights not protected elsewhere in the Constitution, Abramson and colleagues argue that the freedom to choose how, when, and with whom we express ourselves sexually is integral to our happiness. Their careful review of the historical record reveals the importance of the "pursuit of happiness" in the socio-moral philosophy underpinning the Constitution. Sexual freedoms, they assert, are cut from the same cloth as the other freedoms protected by the Bill of Rights, and therefore, should be covered by the Ninth Amendment. Using concrete examples such as prostitution and phone sex, Sexual Rights in America illustrates the scope and limitations of Ninth Amendment sexual rights.



Democracy Reborn

Democracy Reborn Author Garrett Epps
ISBN-10 9781466851252
Release 2013-07-30
Pages 352
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A riveting narrative of the adoption of the Fourteenth Amendment, an act which revolutionized the U.S. constitution and shaped the nation's destiny in the wake of the Civil War Though the end of the Civil War and Lincoln's Emancipation Proclamation inspired optimism for a new, happier reality for blacks, in truth the battle for equal rights was just beginning. Andrew Johnson, Lincoln's successor, argued that the federal government could not abolish slavery. In Johnson's America, there would be no black voting, no civil rights for blacks. When a handful of men and women rose to challenge Johnson, the stage was set for a bruising constitutional battle. Garrett Epps, a novelist and constitutional scholar, takes the reader inside the halls of the Thirty-ninth Congress to witness the dramatic story of the Fourteenth Amendment's creation. At the book's center are a cast of characters every bit as fascinating as the Founding Fathers. Thaddeus Stevens, Charles Sumner, Frederick Douglass, Susan B. Anthony, among others, understood that only with the votes of freed blacks could the American Republic be saved. Democracy Reborn offers an engrossing account of a definitive turning point in our nation's history and the significant legislation that reclaimed the democratic ideal of equal rights for all U.S. citizens.



The Ninth Amendment

The Ninth Amendment Author Kathy Furgang
ISBN-10 9781448823307
Release 2011-01-15
Pages 64
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This book is an introduction to the Ninth Amendment which empowers the people as it guarantees protection of unenumerated rights.



Origins of the Bill of Rights

Origins of the Bill of Rights Author Leonard Williams Levy
ISBN-10 0300089015
Release 2001
Pages 306
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In this history of the origins of the Bill of Rights, Pulitzer Prize-winning historian Leonard W. Levy offers a panoramic view of the liberties secured by the first ten amendments to the Constitution. Levy illuminates the behind-the-scenes maneuverings, public rhetoric, and political motivations of James Madison and others who overcame fierce opposition to ensure the ratification of these crucial liberties.



The Tough Luck Constitution and the Assault on Health Care Reform

The Tough Luck Constitution and the Assault on Health Care Reform Author Andrew Koppelman
ISBN-10 9780199970049
Release 2013-02-22
Pages 240
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Chief Justice John Roberts stunned the nation by upholding the Affordable Care Act--more commonly known as Obamacare. But legal experts observed that the decision might prove a strategic defeat for progressives. Roberts grounded his decision on Congress's power to tax. He dismissed the claim that it is allowed under the Constitution's commerce clause, which has been the basis of virtually all federal regulation--now thrown in doubt. In The Tough Luck Constitution and the Assault on Health Care Reform, Andrew Koppelman explains how the Court's conservatives embraced the arguments of a fringe libertarian legal movement bent on eviscerating the modern social welfare state. They instead advocate what Koppelman calls a "tough luck" philosophy: if you fall on hard times, too bad for you. He argues that the rule they proposed--that the government can't make citizens buy things--has nothing to do with the Constitution, and that it is in fact useless to stop real abuses of power, as it was tailor-made to block this one law after its opponents had lost in the legislature. He goes on to dismantle the high court's construction of the commerce clause, arguing that it almost crippled America's ability to reverse rising health-care costs and shrinking access. Koppelman also places the Affordable Care Act within a broader historical context. The Constitution was written to increase central power, he notes, after the failure of the Articles of Confederation. The Supreme Court's previous limitations on Congressional power have proved unfortunate: it has struck down anti-lynching laws, civil-rights protections, and declared that child-labor laws would end "all freedom of commerce, and . . . our system of government [would] be practically destroyed." Both somehow survived after the court revisited these precedents. Koppelman notes that the arguments used against Obamacare are radically new--not based on established constitutional principles. Ranging from early constitutional history to potential consequences, this is the definitive postmortem of this landmark case.



The 9th Judgment

The 9th Judgment Author James Patterson
ISBN-10 031608817X
Release 2010-04-26
Pages 448
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The most personal A young mother and her infant child are ruthlessly gunned down while returning to their car in the garage of a shopping mall. There are no witnesses, and Detective Lindsay Boxer is left with only one shred of evidence: a cryptic message scrawled across the windshield in bloodred lipstick. The most dangerous The same night, the wife of A-list actor Marcus Dowling is woken by a cat burglar who is about to steal millions of dollars' worth of precious jewels. In just seconds there is a nearly empty safe, a lifeless body, and another mystery that throws San Francisco into hysteria. The most exciting Women's Murder Club novel ever Lindsay spends every waking hour working with her partner, Rich--and her desire for him threatens to tear apart both her engagement and the Women's Murder Club. Before Lindsay and her friends can piece together either case, one of the killers forces Lindsay to put her own life on the line--but is it enough to save the city? With unparalleled danger and explosive action, The 9th Judgment is James Patterson at his compelling, unstoppable best!



On Reading the Constitution

On Reading the Constitution Author Laurence H. TRIBE
ISBN-10 9780674044456
Release 2009-06-30
Pages 164
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On Reading the Constitution has been writing in one form or another for most of life. You can find so many inspiration from On Reading the Constitution also informative, and entertaining. Click DOWNLOAD or Read Online button to get full On Reading the Constitution book for free.



The Founders Second Amendment

The Founders  Second Amendment Author Stephen P. Halbrook
ISBN-10 9781615780143
Release 2008-04-18
Pages 448
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Stephen P. Halbrook's The Founders' Second Amendment is the first book-length account of the origins of the Second Amendment, based on the Founders' own statements as found in newspapers, correspondence, debates, and resolutions. Mr. Halbrook investigates the period from 1768 to 1826, from the last years of British rule and the American Revolution through to the adoption of the Constitution and the Bill of Rights, and the passing of the Founders' generation. His book offers the most comprehensive analysis of the arguments behind the drafting and adoption of the Second Amendment, and the intentions of the men who created it.



Constitutional Law Principles and Policy

Constitutional Law  Principles and Policy Author Jerome A. Barron
ISBN-10 9781422498781
Release 2012
Pages 1698
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Constitutional Law Principles and Policy has been writing in one form or another for most of life. You can find so many inspiration from Constitutional Law Principles and Policy also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Constitutional Law Principles and Policy book for free.



Lincoln and the Thirteenth Amendment

Lincoln and the Thirteenth Amendment Author Christian G. Samito
ISBN-10 9780809334247
Release 2015-08-24
Pages 171
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This book examines how Lincoln's opposition to amending the Constitution evolved during his political career, shaped his policies leading up to his election as president, and culminated in his support for the Thirteenth Amendment in 1864-65. It also places into context Lincoln's support of the Amendment for moral, political, and wartime reasons and shows how Lincoln helped shape the constitutional debate about slavery.



Our Republican Constitution

Our Republican Constitution Author Randy E. Barnett
ISBN-10 9780062412300
Release 2016-04-19
Pages 320
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A concise history of the long struggle between two fundamentally opposing constitutional traditions, from one of the nation’s leading constitutional scholars—a manifesto for renewing our constitutional republic. The Constitution of the United States begins with the words: “We the People.” But from the earliest days of the American republic, there have been two competing notions of “the People,” which lead to two very different visions of the Constitution. Those who view “We the People” collectively think popular sovereignty resides in the people as a group, which leads them to favor a “democratic” constitution that allows the “will of the people” to be expressed by majority rule. In contrast, those who think popular sovereignty resides in the people as individuals contend that a “republican” constitution is needed to secure the pre-existing inalienable rights of “We the People,” each and every one, against abuses by the majority. In Our Republican Constitution, renowned legal scholar Randy E. Barnett tells the fascinating story of how this debate arose shortly after the Revolution, leading to the adoption of a new and innovative “republican” constitution; and how the struggle over slavery led to its completion by a newly formed Republican Party. Yet soon thereafter, progressive academics and activists urged the courts to remake our Republican Constitution into a democratic one by ignoring key passes of its text. Eventually, the courts complied. Drawing from his deep knowledge of constitutional law and history, as well as his experience litigating on behalf of medical marijuana and against Obamacare, Barnett explains why “We the People” would greatly benefit from the renewal of our Republican Constitution, and how this can be accomplished in the courts and the political arena.



Michigan Law Review

Michigan Law Review Author
ISBN-10 NYPL:33433060887795
Release 2004-06
Pages
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Michigan Law Review has been writing in one form or another for most of life. You can find so many inspiration from Michigan Law Review also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Michigan Law Review book for free.