Recapturing the Constitution

Recapturing the Constitution

Author: Stephen B. Presser

Publisher: Regnery Publishing

Published: 1994-10-06

Total Pages: 420

ISBN-13: 9780895264923

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Presser makes a compelling case that the original understanding of the Constitution was that religion, morality, and law were inextricably connected.--Forrest McDonald


A Brilliant Solution

A Brilliant Solution

Author: Carol Berkin

Publisher: Houghton Mifflin

Published: 2002

Total Pages: 328

ISBN-13:

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In 1787, a group of lawyers and politicians, some famous and others just ordinary men, journeyed to Philadelphia, determined to create a more stable framework of government, hoping that it would last long enough to bring an end to the crisis.".


How to Read the Constitution—and Why

How to Read the Constitution—and Why

Author: Kim Wehle

Publisher: HarperCollins

Published: 2019-06-25

Total Pages: 449

ISBN-13: 0062896318

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"A must-read for this era.”—Jake Tapper, CNN Anchor and Chief Washington Correspondent An insightful, urgent, and perennially relevant handbook that lays out in common sense language how the United States Constitution works, and how its protections are eroding before our eyes—essential reading for anyone who wants to understand and parse the constantly breaking news about the backbone of American government. The Constitution is the most significant document in America. But do you fully understand what this valuable document means to you? In How to Read the Constitution--and Why, legal expert and educator Kimberly Wehle spells out in clear, simple, and common sense terms what is in the Constitution, and most importantly, what it means. In compelling terms and including text from the United States Constitution, she describes how the Constitution’s protections are eroding—not only in express terms but by virtue of the many legal and social norms that no longer shore up its legitimacy—and why every American needs to heed to this “red flag” moment in our democracy. This invaluable—and timely—resource includes the Constitution in its entirety and covers nearly every significant aspect of the text, from the powers of the President and how the three branches of government are designed to hold each other accountable, to what it means to have individual rights—including free speech, the right to bear arms, the right to be free from unreasonable searches and seizures, and the right to an abortion. Finally, the book explains why it has never been more important than now for all Americans to know how our Constitution works—and why, if we don’t step in to protect it now, we could lose its protections forever. How to Read the Constitution--and Why is essential reading for anyone who cares about maintaining an accountable government and the individual freedoms that the Constitution enshrines for everyone in America—regardless of political party.


The US Constitution of 1791 and the Fugitive Slave Clause

The US Constitution of 1791 and the Fugitive Slave Clause

Author: Norman Coles

Publisher: Liverpool University Press

Published: 2019-11-20

Total Pages: 147

ISBN-13: 1782846794

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The US Constitutions, both of 1788 and 1791, contain at Article IV (para 2, Section 3) a clause generally called The Fugitive Slave Clause. This Clause was held to make it legal to both recapture and return fugitive slaves to the states where they had lived or the owner, even if he or she resisted. The Clause was held to be constitutionally legal by lawyers and legal commentators. Even Lincoln as a lawyer thought the Clause was constitutionally legal, even though he thought slavery evil. Norman Coles presents arguments which show that the Clause has at least two (and possibly three) meanings. The Clause may not refer to slaves at all, when it is interpreted in accord with its actual phrasing rather than its intended meaning promoting the wishes of owners. Alvan Stewart, a renowned Abolitionist lawyer, argued that the Clause was inconsistent with that part of the 1791 US Constitution which is Amendment IV, reasoning premised on the definition of person, which applied to the two dated Constitutions; and with regard to the Fourth Amendment (1791) where slavery (unless a result of crime and jury trial) was illegal under US law. Stewarts arguments are about Constitutional principles, not the practical consequences of believing the Clause was law. Stewarts reasoning is penetrating; arguments relating to ambiguity and legal jargon are superseded by the logical consequence of the fact that if the Clause is about fugitive slaves, its legality rests on false assumptions. Herein lay the potential to avoid an historical tragedy. In the course of time legal and political champions, in conjunction with a growing number of US States, favoured laws which barred slave-hunting, but in the interim legal inadequacy resulted in the unnecessary continuation of slave-holding. This publication is a fundamental reconsideration of the intertwining of American History and American Constitutional Law.


The Rise of Populist Nationalism

The Rise of Populist Nationalism

Author: Margit Feischmidt

Publisher: Central European University Press

Published: 2020-02-01

Total Pages: 310

ISBN-13: 9633863325

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The authors of this book approach the emergence and endurance of the populist nationalism in post-socialist Eastern Europe, with special emphasis on Hungary. They attempt to understand the reasons behind public discourses that increasingly reframe politics in terms of nationhood and nationalism. Overall, the volume attempts to explain how the new nationalism is rooted in recent political, economic and social processes. The contributors focus on two motifs in public discourse: shift and legacy. Some focus on shifts in public law and shifts in political ethno-nationalism through the lens of constitutional law, while others explain the social and political roots of these shifts. Others discuss the effects of legacy in memory and culture and suggest that both shift and legacy combine to produce the new era of identity politics. Legal experts emphasize that the new Fundamental Law of Hungary is radically different from all previous Hungarian constitutions, and clearly reflects a redefinition of the Hungarian state itself. The authors further examine the role of developments in the fields of sociology and political science that contribute to the kind of politics in which identity is at the fore.


The Broken Constitution

The Broken Constitution

Author: Noah Feldman

Publisher: Farrar, Straus and Giroux

Published: 2021-11-02

Total Pages: 236

ISBN-13: 0374720878

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A New York Times Book Review Editors' Choice An innovative account of Abraham Lincoln, constitutional thinker and doer Abraham Lincoln is justly revered for his brilliance, compassion, humor, and rededication of the United States to achieving liberty and justice for all. He led the nation into a bloody civil war to uphold the system of government established by the US Constitution—a system he regarded as the “last best hope of mankind.” But how did Lincoln understand the Constitution? In this groundbreaking study, Noah Feldman argues that Lincoln deliberately and recurrently violated the United States’ founding arrangements. When he came to power, it was widely believed that the federal government could not use armed force to prevent a state from seceding. It was also assumed that basic civil liberties could be suspended in a rebellion by Congress but not by the president, and that the federal government had no authority over slavery in states where it existed. As president, Lincoln broke decisively with all these precedents, and effectively rewrote the Constitution’s place in the American system. Before the Civil War, the Constitution was best understood as a compromise pact—a rough and ready deal between states that allowed the Union to form and function. After Lincoln, the Constitution came to be seen as a sacred text—a transcendent statement of the nation’s highest ideals. The Broken Constitution is the first book to tell the story of how Lincoln broke the Constitution in order to remake it. To do so, it offers a riveting narrative of his constitutional choices and how he made them—and places Lincoln in the rich context of thinking of the time, from African American abolitionists to Lincoln’s Republican rivals and Secessionist ideologues. Includes 8 Pages of Black-and-White Illustrations


The Everything U.S. Constitution Book

The Everything U.S. Constitution Book

Author: Ellen M Kozak

Publisher: Everything

Published: 2011-06-18

Total Pages: 304

ISBN-13: 9781440512742

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Debates over constitutional rights impact you every day as an American citizen. But do you know what the U.S. Constitution actually says? This accessible guide contains the complete text of the Constitution, with short, descriptive margin notes throughout. Articles and amendments are then analyzed in depth to help you comprehend the basis of democracy. This valuable handbook covers: How the articles and amendments were drafted Insight into the intentions of the creators and the sources they used Controversial interpretations and Supreme Court decisions How the Constitution affects citizens every day The Declaration of Independence, the Articles of Confederation, and unratified Constitutional amendments This book walks you through the history of this essential document and shows how it has guided lawmakers and judges for more than 200 years. This unbiased look at the Constitution will help you feel confident in your knowledge of this all-important document, gain a firmer understanding of how our government works, and put context around today's most pressing issues.


The Constitution

The Constitution

Author: Michael Stokes Paulsen

Publisher: Basic Books

Published: 2017-01-03

Total Pages: 364

ISBN-13: 0465093299

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The definitive modern primer on the US Constitution, “an eloquent testament to the Constitution as a covenant across generations” (National Review). From freedom of speech to gun ownership, religious liberty to abortion, practically every aspect of American life is shaped by the Constitution. Yet most of us know surprisingly little about the Constitution itself. In The Constitution, legal scholars Michael Stokes Paulsen and Luke Paulsen offer a lively introduction to the supreme law of the United States. Beginning with the Constitution’s birth in 1787, Paulsen and Paulsen offer a grand tour of its provisions, principles, and interpretation, introducing readers to the characters and controversies that have shaped the Constitution in the 200-plus years since its creation. Along the way, the authors correct popular misconceptions about the Constitution and offer powerful insights into its true meaning. This lucid guide provides readers with the tools to think critically about constitutional issues — a skill that is ever more essential to the continued flourishing of American democracy.


The Constitution Explained

The Constitution Explained

Author: David L. Hudson

Publisher:

Published: 2022-03

Total Pages: 400

ISBN-13: 9781578597505

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The United States Constitution is a short document, and it is written in general language, which leaves much of the meaning unwritten and open to interpretation. Explore the history, the various clauses, amendments and interpretations. Understand your rights (and responsibilities). Dig into this important document and watershed in the history of governments! From the Constitutional Convention to the creation of the Constitution and its eventual ratification, and to the Bill of Rights and the thorny constitutional issues of today, The Constitution Explained covers the history, our founding fathers' goals, and the varied interpretations of the Constitution that have informed the politics and functioning of the U.S. government. You'll discover ... How the Constitution makes the United States of America different from many countries around the world because it gives us a peaceful mechanism to resolve governmental issues The rights and responsibilities of U.S. citizens An in-depth look at the freedoms enshrined in the Bill of Rights "The Miracle at Philadelphia" and "the Great Compromise" The many different methods used to interpret the Constitution Controversial U.S. Supreme Court picks throughout history and how the size and tenure of the Supreme Court justices has long been a contentious issue The remarkable evolution of death penalty jurisprudence The "Bill" Process, Pardon Power, Power of Judicial Review, and other stated and implied powers found in Articles I (Congress), II (Presidency) and III (Judicial) And much, much more! A guide to the citizenship and the American government, The Constitution Explained takes an even-handed approach to controversial issues and explores various points of view. It sheds a light on the differing and changing interpretations of the many broadly worded key phrases in the Constitution. You'll learn how the Constitution has been adopted to different times and various situations. You'll learn what it does--and does not--promise U.S. citizens. Richly illustrated, it also has a helpful bibliography, glossary, and extensive index. This invaluable resource is designed to help you understand the power and strength of the U.S. Constitution!


The Federalist

The Federalist

Author: George Wescott Carey

Publisher: University of Illinois Press

Published: 1994

Total Pages: 220

ISBN-13: 9780252064494

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""Throughout this scrupulously researched interpretation of The Federalist papers, Carey provides a glimpse of our Republic's original design. He shows us what kind of federal union The Federalist's authors had in mind, and indicates how we have strayed from their intent." Paul Gottfried, National Review." --Contratapa.