The Complete Bill of Rights

The Drafts, Debates, Sources, and Origins
Author: Neil H. Cogan
Publisher: Oxford University Press
ISBN: 0199324212
Category: Law
Page: 800
View: 7571

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The fundamental, inalienable rights and privileges set forth in the Bill of Rights represent the very foundations of American liberty. The Complete Bill of Rights is a documentary record of the process by which these rights and privileges were defined and recorded as law. Now in its second edition, The Complete Bill of Rights contains double the content featured in the first edition. This new edition includes all the background texts for the origins and debate of the ratification of the Bill of Rights and presents them clause by clause in a complete, accurate, and accessible format. Arranged in chronological order, the work presents each clause in its finished form, and traces its development from its proposal through drafting through adoption. Cogan presents every draft of the text and every documentary source, including state convention proposals, state, colonial, and English constitutional texts, sources in caselaw and treatises, and State and Colonial statutory and decisional law. He includes data from diaries and correspondence, pamphlets and newspapers, as well as the Congressional and State debates, including the correspondence of George Washington, Thomas Jefferson, James Madison, and John Adams among many others who debated the issues that the Supreme Court considers law today. The book also contains each version of the drafts from the manuscript collections of the National Archives and Library of Congress. The result is the most detailed and useful record of the debate over the Bill of Rights available. This first new edition since 1997 substantially expands on the previous edition, providing the same invaluable texts for two fundamental protections of liberty found in the Constitution of 1789 (though not in the Bill of Rights): the protections under habeas corpus and the privileges and immunities clauses. Each chapter expands the background discussion of rights, and provides pertinent texts in contemporary legal dictionaries to meet the increasing interest of federal and state courts in additional sources for interpretation. The second edition also provides a chapter-by-chapter discussion of rights by treatise and abridgement writers in addition to Blackstone. Finally, all margin notes and footnotes in the dictionaries and treatises are included, so the reader has access to the totality of the original statues and case law upon which the drafters relied. The Complete Bill of Rights is the only comprehensive collection of texts essential to understanding the Bill of Rights. Organized in an accessible and practical manner, it is an invaluable tool for law students, judges, lawyers, and law clerks, as well as scholars of the law, history, and political science.

The Complete Bill of Rights

The Drafts, Debates, Sources, and Origins
Author: Neil Howard Cogan
Publisher: Oxford University Press, USA
ISBN: 019510322X
Category: Political Science
Page: 708
View: 2651

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The Complete Bill of Rights is especially valuable for judges and lawyers and for scholars and students of law, history, and political science.

Our Rights


Author: David J. Bodenhamer
Publisher: Oxford University Press, USA
ISBN: 0195325672
Category: Political Science
Page: 253
View: 1844

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Designed for high school students and motivated lay readers, this book will be an introduction to the rights held by American citizens under the U.S. Constitution as explored through a series of historical case studies. Each chapter will use dramatic narrative to illustrate a right in action. Most examples, but not all, will use U.S. Supreme Court cases to focus on a time when the right in question received its modern interpretation. The aim, however, will be to use each chapter to discuss how the right applies today and how courts and other interpreters seek to balance this right with important societal concerns, such as the need for order and public safety. The book will begin with a 20-page chapter on how we arrived at our modern concept of rights. The major interpretive thread will be the continual struggle to define limits on the power of the state. The chapter will introduce several key themes: our understanding of rights has emerged from history (experience); our definition and interpretation of rights is always evolving; concepts of rights are always under contention; and various actors-legislatures, executives, and courts-compete to be the final interpreter of our rights. American constitutional rights generally fall into one of three groups-rights of democracy, that is, rights required for American democracy to work effectively; rights of the accused, or due process rights that assure a fair trial for individuals accused of crimes; and other rights of persons, including the right to privacy. A fourth category of rights are not constitutional per se, but often we conceive of them as such even though often they are statutory rights, such as the right to education... A concluding chapter will discuss other rights that may evolve as a result of current political and social movements, such as the right to health care. Along with Our Constitution and Pivotal Supreme Court Cases (working title), this book has the potential to become a core text for the annual observance of Constitution Day on September 17, which is mandated by Congress for all educational institutions receiving federal funds.

The Garden and the Wilderness

Church and State in America to 1789
Author: David Dean Bowlby
Publisher: Lexington Books
ISBN: 0739170279
Category: Political Science
Page: 232
View: 1118

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In this well-researched, informative history, David Dean Bowlby examines church and state in the American colonies and the early national period up to the framing of the religion clauses of the First Amendment by the First Congress. Bowlby describes the history of the church and state up to that time as one involving the struggle of religious minorities against church establishments, with increasingly vocal calls for the free exercise of religion, liberty of conscience, and disestablishment. He shows that when the religion clauses were framed, people feared that the establishment of religion would lead to the domination of one particular denomination or sect, resulting in compulsory church taxes, obligatory attendance at religious services, and adherence to orthodox doctrines and liturgy. By focusing on the relationship between religious establishments and free exercise, he makes the case that the establishment clause and free exercise of religion must be taken together as a guarantee of religious liberty, because where a religious establishment was present the full and free exercise of religion was not. It was this concern that prompted the prohibitive language of the clauses—the Founders meant to protect the latter by forbidding the former.

How Free Can Religion Be?


Author: Randall P. Bezanson
Publisher: University of Illinois Press
ISBN: 0252090535
Category: Law
Page: 296
View: 5134

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Randall P. Bezanson's How Free Can Religion Be? explores the Supreme Court's varied history of interpreting the religious guarantees outlined in the First Amendment. The book discusses eight provocative Supreme Court decisions to track the evolution of Free Exercise and Establishment Clause doctrine, focusing on the court's shift from strict separation of church and state to a position where the government accommodates and even fosters religion. Beginning with samples from the latter half of the nineteenth century, the detailed case studies present new problems and revisit some old ones as well: the purported belief of polygamy in the Mormon Church; state support for religious schools; the teaching of evolution and creationism in public schools; Amish claims for exemption from compulsory education laws; comparable claims for Native American religion in relation to drug laws; and rights of free speech and equal access by religious groups in colleges and public schools.

The Oxford Handbook of the American Revolution


Author: Edward G. Gray,Jane Kamensky
Publisher: Oxford University Press
ISBN: 0199746702
Category: History
Page: 673
View: 5440

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The Oxford Handbook of the American Revolution introduces scholars, students and generally interested readers to the formative event in American history. In thirty-three individual essays, the Handbook provides readers with in-depth analysis of the Revolution's many sides.

Thomas Jefferson and the Wall of Separation Between Church and State


Author: Daniel Dreisbach
Publisher: NYU Press
ISBN: 0814720846
Category: Law
Page: 283
View: 7373

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No phrase in American letters has had a more profound influence on church-state law, policy, and discourse than Thomas Jefferson’s “wall of separation between church and state,” and few metaphors have provoked more passionate debate. Introduced in an 1802 letter to the Danbury, Connecticut Baptist Association, Jefferson’s “wall” is accepted by many Americans as a concise description of the U.S. Constitution’s church-state arrangement and conceived as a virtual rule of constitutional law. Despite the enormous influence of the “wall” metaphor, almost no scholarship has investigated the text of the Danbury letter, the context in which it was written, or Jefferson’s understanding of his famous phrase. Thomas Jefferson and the Wall of Separation Between Church and State offers an in-depth examination of the origins, controversial uses, and competing interpretations of this powerful metaphor in law and public policy.

One Nation Under God?

An Evangelical Critique of Christian America
Author: John D. Wilsey
Publisher: Wipf and Stock Publishers
ISBN: 1630876321
Category: Religion
Page: 226
View: 4565

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Is America a Christian nation? This question has loomed large in American culture since the Puritans arrived on American shores in the early seventeenth century. More recently, the Christian America thesis has been advocated by many evangelical leaders across the denominational spectrum. This book contributes to the conversation by critiquing, from an evangelical perspective, the idea that America is a Christian nation as articulated by specific writers over the past three decades. Wilsey asserts that the United States was not conceived as a Christian nation, but as a nation with religious liberty. Herein lies the genius of the Founders and the uniqueness of America.

The Bill of Rights


Author: Tom Head
Publisher: Greenhaven Pr
ISBN: N.A
Category: History
Page: 222
View: 4758

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Presents a collection of primary documents, including speeches, articles, and memoirs, about the the Bill of Rights, from such figures as Alexander Hamilton, Thomas Jefferson, Mary Wollstonecraft, and Earl Warren.

Principles of Legal Research


Author: Kent C. Olson
Publisher: West Academic Publishing
ISBN: N.A
Category: Law
Page: 499
View: 7913

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Principles of Legal Research will be published in June and available for fall 2009 class adoptions. Principles of Legal Research is the long-awaited successor to the venerable How to Find the Law, 9th edition, thoroughly updated for the electronic age. The text provides encyclopedic yet concise coverage of research methods and resources using both free and commercial websites as well as printed publications. An introductory survey of research strategies is followed by chapters on the sources of U.S. law created by each branch of government, discussion of major secondary sources, and an overview of international and comparative law. Sample illustrations are included, and an appendix lists nearly 500 major treatises and looseleaf services by subject.

The Bill of Rights

A History in Documents
Author: John J. Patrick
Publisher: Oxford University Press, USA
ISBN: N.A
Category: History
Page: 205
View: 6536

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Uses contemporary documents to explore the history of the first ten amendments to the U.S. Constitution, the British traditions on which they were based, and their impact on American society.

Symposium

independent state grounds, should state courts depart from the Fourth Amendment in construing their own constitutions, and if so, on what basis beyond simple disagreement with the United States Supreme Court's result?
Author: University of Mississippi. School of Law
Publisher: N.A
ISBN: N.A
Category: Law
Page: 505
View: 4358

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The Sacred Rights of Conscience

Selected Readings on Religious Liberty and Church-state Relations in the American Founding
Author: Daniel L. Dreisbach,Mark David Hall
Publisher: N.A
ISBN: N.A
Category: History
Page: 672
View: 1232

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The Sacred Rights of Conscience provides students and scholars a rich collection of primary sources that illuminate the discussions and debates about religious liberty in the American founding era. This compilation of primary documents provides a thorough and balanced examination of the evolving relationship between public religion and American culture, from pre-colonial biblical and European sources to the early nineteenth century, to allow the reader to explore the social and political forces that defined the concept of religious liberty and shaped American church-state relations. Including material that has been previously unavailable or hard to find, The Sacred Rights of Conscience contains original documents from both public and private papers, such as constitutions, statutes, legislative resolutions, speeches, sermons, newspapers, letters, and diary entries. These documents provide a vivid reminder that religion was a dynamic factor in shaping American social, legal, and political culture and that there has been a struggle since the inception of the Republic to define the prudential and constitutional role of religion in public culture. Daniel L. Dreisbach is William E. Simon Fellow in Religion and Public Life for the James Madison Program in American Ideals and Institutions at Princeton University and professor in the School of Public Affairs at American University in Washington, D.C. Mark David Hall is Herbert Hoover Distinguished Professor of Political Science at George Fox University.

America, History and Life


Author: Eric H. Boehm
Publisher: N.A
ISBN: N.A
Category: United States
Page: N.A
View: 3013

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Provides historical coverage of the United States and Canada from prehistory to the present. Includes information abstracted from over 2,000 journals published worldwide.

Minority rights in America


Author: Alan Axelrod
Publisher: Cq Pr
ISBN: 9781568026855
Category: Law
Page: 411
View: 8353

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Ever since the Dominican missionary BartolomT de Las Casas (1476-1566) first raised civil and minority rights issues in an American context, they have figured prominently among some of the most profound and trying moments in American history.''''Minority Rights in America consists of approximately 600 engagingly written alphabetically arranged entries on civil rights, political rights, and social rights in America since the days of Christopher Columbus. The rights of all Americans are included, with particular attention to African Americans, Asian Americans, Hispanic Americans, women, and other minority groups. Many of the entries include suggested readings to facilitate additional research and understanding. ''''Entries include: ''''Biographical sketches of important historical figures who participated in the struggle to advance minority rights''Important topics, organizations, and critical events''Supreme Court cases, federal laws, and governmental agencies.''''Rounding out this comprehensive reference are three useful appendixes and a consolidated bibliography. Appendixes include:''''Excerpts of more than seventy-five important documents organized logically in six parts: historic documents, historic speeches and writings, historic legislation, Supreme Court decisions, rights activism documents, and documents from U.S. government agencies''Contact information for more than sixty associations and civil rights organizations''A list, with full citations, of the court cases mentioned in the volume. ''''''''Sample of encyclopedic entries:''Jane Addams, Affirmative action, AIDS and rights, Antisemitism, Ross Barnett, Bonus Army, Chicano studies, Shirley Chisholm, Clayton Act, Congress of Racial, Equality (CORE), Conscientious objectors, Crazy Horse, Defense of Marriage Act, Employment at will, Medgar Evers, Farm labor rights, Orval Faubus , Gerrymandering, Gray Panthers, Angelina Grimke, Haymarket Riot, J. Edgar Hoover, Langston Hughes, Indian Citizenship Act, Japanese internment, Jim Crow laws, BartolomÄ de Las Casas, Loving v. Virginia, Megan's Law, Million Man March, Ralph Nader, National Immigration, William Penn, Puritan Separatist, Rap music, Right to die, Margaret Sanger, Smokers' rights, Southern Governors, Association Trail of Tears, Voting Rights Act of 1965, Harold Washington, Youth Law Center, John Peter Zenger.''

Legal information

how to find it, how to use it
Author: Kent C. Olson
Publisher: Oryx Pr
ISBN: 9780897749619
Category: Business & Economics
Page: 333
View: 5562

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"This book looks not only at 'the law,' but also at other aspects of the legal system, such as the history, politics, and structure of lawmaking institutions."--Preface, p. [vii].

The purpose of the Ninth Amendment to the Constitution of the United States

protecting unenumerated rights
Author: Charles O. Prince
Publisher: Edwin Mellen Pr
ISBN: 9780773460737
Category: Law
Page: 128
View: 6893

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Establishes the intent and application of the Ninth Amendment to the US Constitution by tracing its historic origins, discussing Madisons introduction of the Bill of Rights, reviewing recommendatory amendments submitted by the states during ratification process, examines Supreme Court decisions referencing the Ninth Amendment, and summarizes main Ninth Amendment theories described in the literature.

To Shake Their Guns in the Tyrant's Face

Libertarian Political Violence and the Origins of the Militia Movement
Author: Robert H. Churchill
Publisher: Univ of Michigan Pr
ISBN: N.A
Category: History
Page: 370
View: 1745

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Did a long-standing and libertarian understanding of the American Revolution create the perfect climate for the militia movement in the United States?