Constituting Freedom

Constituting Freedom

Author: Fabio Raimondi

Publisher: Oxford University Press

Published: 2018

Total Pages: 178

ISBN-13: 019881545X

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An important new interpretation of Machiavelli's political thinking, appearing in English for the first time.


Fundamental Liberties of a Free People

Fundamental Liberties of a Free People

Author: Milton Konvitz

Publisher: Routledge

Published: 2018-01-16

Total Pages: 555

ISBN-13: 1351310666

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Of the American Bill of Rights, perhaps the forty-five words that comprise the First Amendment-allowing freedom of religion, speech, press, and assembly, and the guaranty of the writ of habeas corpus-are the most precious. Only a legal expert could lay claim to truly understanding the meaning and intention of those basic freedoms. Yet it is precisely the expert, knowing the complexity of the subject, who would be the first to hesitate to claim to possess such a thorough understanding. In analyzing such freedoms basic to American society, Milton Konvitz helps make comprehending our fundamental liberties easier. The book is divided into three parts: I. Freedom of Religion; II. Freedom of Speech, Press, and Assembly; III. Freedom of Speech, Press, and Assembly: The Clear and Present Danger Doctrine. The reader will find included such topics as the debate over the scope of the separation of Church and State, whether or not freedom of religion is an absolute right, religious freedom prior to 1776, the liberty of private schools, heresy, the right for a religious group to seek converts, the freedoms not to speak and listen, obscene literature, picketing in labor disputes, the freedom to think and believe, abridgments of speech and press, and loyalty oaths and guilt by association. Konvitz's work includes an important chapter on the history of the adoption of the Bill of Rights. His careful tracing of the development of constitutional attitudes to the freedoms protected by the First Amendment is a scholarly benchmark, and is still an archetype for students doing research and writing about these issues. It is of critical importance to anyone seeking an authoritative statement on the basic liberties guaranteed by the First Amendment to the United States Constitution.Fundamental Liberties of a Free People is a relevant and practical guide to understanding the liberties so fundamental to a free society. In his new introduction and afterword, author Milton Konvitz brings First Amendment developments up to 2002. It will be welcomed by students and scholars of constitutional law, government, politics, religion, and American history.


Active Liberty

Active Liberty

Author: Stephen Breyer

Publisher: Vintage

Published: 2007-12-18

Total Pages: 176

ISBN-13: 0307424618

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A brilliant new approach to the Constitution and courts of the United States by Supreme Court Justice Stephen Breyer.For Justice Breyer, the Constitution’s primary role is to preserve and encourage what he calls “active liberty”: citizen participation in shaping government and its laws. As this book argues, promoting active liberty requires judicial modesty and deference to Congress; it also means recognizing the changing needs and demands of the populace. Indeed, the Constitution’s lasting brilliance is that its principles may be adapted to cope with unanticipated situations, and Breyer makes a powerful case against treating it as a static guide intended for a world that is dead and gone. Using contemporary examples from federalism to privacy to affirmative action, this is a vital contribution to the ongoing debate over the role and power of our courts.


The Conscience of the Constitution

The Conscience of the Constitution

Author: Timothy Sandefur

Publisher: Cato Institute

Published: 2013-11-12

Total Pages: 217

ISBN-13: 1939709040

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The Conscience of the Constitution: The Declaration of Independence and the Right to Liberty documents a forgotten truth: the word “democracy” is nowhere to be found in either the Constitution or the Declaration. But it is the overemphasis of democracy by the legal community–rather than the primacy of liberty, as expressed in the Declaration of Independence–that has led to the growth of government power at the expense of individual rights. Now, more than ever, Sandefur explains, the Declaration of Independence should set the framework for interpreting our fundamental law. In the very first sentence of the Constitution, the founding fathers stated unambiguously that “liberty” is a blessing. Today, more and more Americans are realizing that their individual freedoms are being threatened by the ever-expanding scope of the government. Americans have always differed over important political issues, but some things should not be settled by majority vote. In The Conscience of the Constitution, Timothy Sandefur presents a dramatic new challenge to the status quo of constitutional law.


A Declaration and Constitution for a Free Society

A Declaration and Constitution for a Free Society

Author: Brian P. Simpson

Publisher: Rowman & Littlefield

Published: 2021-03-09

Total Pages: 323

ISBN-13: 1793612218

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What are individual rights? What is freedom? How are they related to each other? Why are they so crucial to human life? How do you protect them? These are some of the questions that A Declaration and Constitution for a Free Society answers. The book uses Objectivist philosophy—the philosophy of Ayn Rand—to analyze subjective, intrinsic, and objective theories of rights and show why rights and freedom are objective necessities of human life. This knowledge is then used to make changes to the Declaration of Independence and U.S. Constitution. Through these changes, the book shows the fundamental legal requirements of a free society and why we should create such a society. It demonstrates why a free society is morally, politically, and economically beneficial to human beings.


The First Amendment, Freedom of Speech

The First Amendment, Freedom of Speech

Author: Vikram Amar

Publisher: Bill of Rights

Published: 2009

Total Pages: 312

ISBN-13:

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This volume collects, edits and presents some of the most important classic and cutting-edge thinking on the constitutional freedom of speech. At a time when America is trying to export democracy abroad and preserve it at home against a backdrop of international security concerns, figuring out how society should permit its citizens to identify and represent themselves and come together to deliberate collectively is arguably more crucial now than ever before.


Freedom for the Thought That We Hate

Freedom for the Thought That We Hate

Author: Anthony Lewis

Publisher: Basic Books

Published: 2008-03-03

Total Pages: 157

ISBN-13: 0465012930

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More than any other people on earth, Americans are free to say and write what they think. The media can air the secrets of the White House, the boardroom, or the bedroom with little fear of punishment or penalty. The reason for this extraordinary freedom is not a superior culture of tolerance, but just fourteen words in our most fundamental legal document: the free expression clauses of the First Amendment to the Constitution. In Lewis's telling, the story of how the right of free expression evolved along with our nation makes a compelling case for the adaptability of our constitution. Although Americans have gleefully and sometimes outrageously exercised their right to free speech since before the nation's founding, the Supreme Court did not begin to recognize this right until 1919. Freedom of speech and the press as we know it today is surprisingly recent. Anthony Lewis tells us how these rights were created, revealing a story of hard choices, heroic (and some less heroic) judges, and fascinating and eccentric defendants who forced the legal system to come face-to-face with one of America's great founding ideas.


The First Amendment

The First Amendment

Author: Marie D. Jones

Publisher: The Rosen Publishing Group, Inc

Published: 2011-01-15

Total Pages: 66

ISBN-13: 1448823226

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This book, describing the development of a new constitution in 1787 and the battle for a bill of rights, is an introduction to the First Amendment that empowers the people as it guarantees freedom of speech, freedom of the press, freedom of religion, and the freedoms to assemble and petition.


A New Birth of Freedom

A New Birth of Freedom

Author: Charles L. Black

Publisher: Yale University Press

Published: 1997-01-01

Total Pages: 204

ISBN-13: 9780300153637

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"Many . . . unwritten rights are somehow inherent in the American scheme of democracy. So where do these freedoms come from? . . . One of the nation`s most venerated thinkers about such matters offers a provocative and refreshing way to answer that question."—Neil A. Lewis, New York Times Book Review "An appealing interpretation of the founding papers."—Michael G. Radigan, New York Law Journal "A remarkably interesting book. It offers a way of looking at the Constitution that I had not thought about before."—Sanford Levinson, School of Law, University of Texas at Austin One of the most respected scholars of constitutional law here argues for a national commitment to human rights based on his interpretation of three critical documents: the Declaration of Independence, the Ninth Amendment to the Constitution, and the "citizenship" and "privileges and immunities" clauses of the Fourteenth Amendment. The book presents a powerful case for reviewing and renewing the basis of our most important human rights.