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To Secure These Rights

To Secure These Rights Author Scott Douglas Gerber
ISBN-10 9780814730898
Release 1996-09-01
Pages 330
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To Secure These Rights enters the fascinating--and often contentious--debate over constitutional interpretation. Scott Douglas Gerber here argues that the Constitution of the United States should be interpreted in light of the natural rights political philosophy of the Declaration of Independence and that the Supreme Court is the institution of American government that should be primarily responsible for identifying and applying that philosophy in American life. Importantly, the theory advanced in this book--what Gerber calls liberal originalism--is neither consistently liberal nor consistently conservative in the modern conception of those terms. Rather, the theory is liberal in the classic sense of viewing the basic purpose of government to be safeguarding the natural rights of individuals. As Thomas Jefferson wrote in the Declaration of Independence, to secure these rights, governments are instituted among men. In essence, Gerber maintains that the Declaration articulates the philosophical ends of our nation and that the Constitution embodies the means to effectuate those ends. Gerber's analysis reveals that the Constitution cannot be properly understood without recourse to history, political philosophy, and law.



A Distinct Judicial Power

A Distinct Judicial Power Author Scott Douglas Gerber
ISBN-10 9780199765874
Release 2011-05-05
Pages 413
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This title provides a comprehensive critical analysis of the origins of judicial independence in the United States. The book examines the political theory of an independent judiciary and chronicles how each of the original 13 states and their colonial antecedents treated their respective judiciaries.



The Lovers Quarrel

The Lovers  Quarrel Author Elvin T. Lim
ISBN-10 9780199323951
Release 2013-05-01
Pages 312
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The United States has had not one, but two Foundings. The Constitution produced by the Second Founding came to be only after a vociferous battle between Federalists and Anti-Federalists. The Federalists favored a relatively powerful central government, while the Anti-Federalists distrusted the concentration of power in one place and advocated the preservation of sovereignty in the states as crucibles of post-revolutionary republicanism -- the legacy of the First Founding. This philosophical cleavage has been at the heart of practically every major political conflict in U.S. history, and lives on today in debates between modern liberals and conservatives. In The Lovers' Quarrel, Elvin T. Lim presents a systematic and innovative analysis of this perennial struggle. The framers of the second Constitution, the Federalists, were not operating in an ideational or institutional vacuum; rather, the document they drafted and ratified was designed to remedy the perceived flaws of the Articles of Confederation and Perpetual Union. To decouple the Two Foundings is to appreciate that there is no such thing as "original meaning," only original dissent. Because the Anti-Federalists insisted that prior and democratically sanctioned understandings of federalism and union had to be negotiated and partially grafted onto the new Constitution, the Constitution's Articles and the Bill of Rights do not cohere as well together as has conventionally been thought. Rather, they represent two antithetical orientations toward power, liberty, and republicanism. The altercation over the necessity of the Second Founding generated coherent and self-contained philosophies that would become the core of American political thought, reproduced and transmitted across two centuries, whether the victors were the neo-Federalists (such as during the Civil War and the New Deal) or the neo-Anti-Federalists (such as during the Jacksonian era and the Reagan Revolution). The Second Founding -- the sole "founding" that we generally speak of -- would become a template for the unique, prototypically American species of politics and political debate. Because of it, American political development occurs only after the political entrepreneurs of each generation lock horns in a Lovers' Quarrel about the principles of one of the Two Foundings, and succeed in justifying and forging a durable expansion or contraction of federal authority.



Frederick Douglass and the Fourth of July

Frederick Douglass and the Fourth of July Author James A. Colaiaco
ISBN-10 9781466892781
Release 2015-03-24
Pages 256
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On July 5th, 1852, Frederick Douglass, one of the greatest orators of all time, delivered what was arguably the century's most powerful abolition speech. At a time of year where American freedom is celebrated across the nation, Douglass eloquently summoned the country to resolve the contradiction between slavery and the founding principles of our country. In this book, James A. Colaiaco vividly recreates the turbulent historical context of Douglass' speech and delivers a colorful portrait of the country in the turbulent years leading to the civil war. This book provides a fascinating new perspective on a critical time in American history.



The Catholic lawyer

The Catholic lawyer Author
ISBN-10 UCAL:B5079144
Release 2000
Pages
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The Catholic lawyer has been writing in one form or another for most of life. You can find so many inspiration from The Catholic lawyer also informative, and entertaining. Click DOWNLOAD or Read Online button to get full The Catholic lawyer book for free.



Seriatim

Seriatim Author Scott Douglas Gerber
ISBN-10 9780814732519
Release 1998-07-01
Pages 376
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Seldom has American law seen a more towering figure than Chief Justice John Marshall. Indeed, Marshall is almost universally regarded as the "father of the Supreme Court" and "the jurist who started it all." Yet even while acknowledging the indelible stamp Marshall put on the Supreme Court, it is possible--in fact necessary--to examine the pre-Marshall Court, and its justices, to gain a true understanding of the origins of American constitutionalism. The ten essays in this tightly edited volume were especially commissioned for the book, each by the leading authority on his or her particular subject. They examine such influential justices as John Jay, John Rutledge, William Cushing, James Wilson, John Blair, James Iredell, William Paterson, Samuel Chase, Oliver Ellsworth, and Bushrod Washington. The result is a fascinating window onto the origins of the most powerful court in the world, and on American constitutionalism itself.



Penn State Law Review

Penn State Law Review Author
ISBN-10 UCAL:B5102509
Release 2006
Pages
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Penn State Law Review has been writing in one form or another for most of life. You can find so many inspiration from Penn State Law Review also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Penn State Law Review book for free.



Life and learning 16

Life and learning 16 Author University Faculty for Life. Conference
ISBN-10 UVA:X030344229
Release 2007
Pages 606
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Life and learning 16 has been writing in one form or another for most of life. You can find so many inspiration from Life and learning 16 also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Life and learning 16 book for free.



Life and Learning

Life and Learning Author University Faculty for Life. Conference
ISBN-10 UOM:39015081721006
Release 2006
Pages
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Life and Learning has been writing in one form or another for most of life. You can find so many inspiration from Life and Learning also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Life and Learning book for free.



First Things

First Things Author
ISBN-10 UOM:39015081910633
Release 1999
Pages
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First Things has been writing in one form or another for most of life. You can find so many inspiration from First Things also informative, and entertaining. Click DOWNLOAD or Read Online button to get full First Things book for free.



Meaning of the Constitution of the United States

Meaning of the Constitution of the United States Author James Montgomery Beck
ISBN-10 UCD:31175035150765
Release 1919
Pages 95
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Meaning of the Constitution of the United States has been writing in one form or another for most of life. You can find so many inspiration from Meaning of the Constitution of the United States also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Meaning of the Constitution of the United States book for free.



Law inequality

Law   inequality Author
ISBN-10 UCAL:B5092206
Release 1998
Pages
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Law inequality has been writing in one form or another for most of life. You can find so many inspiration from Law inequality also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Law inequality book for free.



Book Review Digest

Book Review Digest Author
ISBN-10 UOM:39015078261891
Release 1997
Pages
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Book Review Digest has been writing in one form or another for most of life. You can find so many inspiration from Book Review Digest also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Book Review Digest book for free.



Choice

Choice Author
ISBN-10 UOM:39015079402395
Release 1996
Pages
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Choice has been writing in one form or another for most of life. You can find so many inspiration from Choice also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Choice book for free.



The Declaration of Independence

The Declaration of Independence Author Scott Douglas Gerber
ISBN-10 1568027052
Release 2002-06
Pages 347
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The new reference series, Landmark Events in U.S. History, uses both contributed essays from eminent scholars and excerpts of primary source documents with explanatory headnotes to focus on critical events in American political history and explains how it came about and why it continues to play such a vital role in the history and political evolution of the United States. The first three books in the series are Marbury versus Madison, The Louisiana Purchase, and Declaration of Independence. The Declaration of Independence remains one of the most valued and sacred political documents in American history. It has been and continues to be cited by emerging democracies, Supreme Court justices, and in political debates ranging from states' rights to equal rights. Through documents and analytical essays, Declaration of Independence will explain the: -- founding of the nation and its role in the crafting and interpretation of the Constitution and Bill of Rights -- how historical figures like Abraham Lincoln, Martin Luther King Jr., and Malcolm X used the spirit of the document to advance their causes -- how Native Americans and women influenced and were influenced by the Declaration -- how the three branches of government -- the president, Congress, and the Supreme Court -- have used the Declaration of Independence as a means to advance political agenda.



Nevada Law Journal

Nevada Law Journal Author
ISBN-10 UCAL:B5103085
Release 2001
Pages
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Nevada Law Journal has been writing in one form or another for most of life. You can find so many inspiration from Nevada Law Journal also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Nevada Law Journal book for free.



Current Legal Theory

Current Legal Theory Author
ISBN-10 STANFORD:36105061984469
Release 1997
Pages
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Current Legal Theory has been writing in one form or another for most of life. You can find so many inspiration from Current Legal Theory also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Current Legal Theory book for free.