The Bill of Rights: Creation and Reconstruction

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Yale University Press, 1998 M01 1 - 412 páginas
A selection of the History Book Club; Honorable Mention in the Legal category for 1998 Professional/Scholarly Publishing Division Annual Awards Competition; Honorable mention in the 1999 Scribes Book Award Competition; Selected to receive a Gavel Award Certificate of Merit in the Book Category in the 1999 Competition for the Media and the Arts, given by the American Bar Association. Are the deep insights of Hugo Black, William Brennan, and Felix Frankfurter that have defined our cherished Bill of Rights fatally flawed? With meticulous historical scholarship and elegant legal interpretation a leading scholar of Constitutional law boldly answers yes as he explodes conventional wisdom about the first ten amendments to the U.S. Constitution in this incisive new account of our most basic charter of liberty. Akhil Reed Amar brilliantly illuminates in rich detail not simply the text, structure, and history of individual clauses of the 1789 Bill, but their intended relationships to each other and to other constitutional provisions. Amar’s corrective does not end there, however, for as his powerful narrative proves, a later generation of antislavery activists profoundly changed the meaning of the Bill in the Reconstruction era. With the Fourteenth Amendment, Americans underwent a new birth of freedom that transformed the old Bill of Rights.
 

Contenido

First Things First
3
Our First Amendment
20
The Military Amendments
46
Searches Seizures and Takings
64
Juries
81
The Popular Sovereignty Amendments
119
Antebellum Ideas
137
The Reconstruction Amendment Text
163
Refining Incorporation
215
Reconstructing Rights
231
A New Birth of Freedom
284
Afterword
295
Amendments IX and XIV
309
Notes
313
Index
397
Derechos de autor

The Reconstruction Amendment History
181

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