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No one can read the story that Richard Morris tells in this small book on the framing of the Constitution without being struck by the remarkable system that was created in that historic summer of 1787. Americans can gain a basic understanding of both the origins and the remarkable nature of our Constitution from this book. -- From preface.
Description
Taking their cue from the late Paul L. Murphy, one of our nation's leading legal historians, this illustrious group of scholars argues that the field of constitutional history is "too important to be left solely to lawyers and judges." Their "state-of-the-field" volume reclaims constitutional history's rightful place as a vital and necessary part of our intellectual enterprise, in part by pushing the field onto fresh, even controversial, terrain....
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An objective examination of the Second Amendment, focusing on the intentions of its authors, its evolution from America's beginnings to the present, and the views expressed by the courts. Annotation. Covering legal, political, and historical aspects of the Second Amendment and their implications for the controversy surrounding gun control, this book describes the origins of the right to bear arms, recent controversies, and legal challenges. Following...
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A Yale Law School professor offers a thought-provoking analysis of the history and tenets of the U.S. Constitution, detailing the original intent of the creators of the document, answering questions about the text, and critically assessing the evolution of the Bill of Rights and all other amendments. In America's Constitution, one of this era's most accomplished constitutional law scholars, Akhil Reed Amar, gives the first comprehensive account of...
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Description
American constitutionalism rests on premises of popular sovereignty, but serious questions remain about how the "people" and their rights and powers fit into the constitutional design. In a book that will radically reorient thinking about the Constitution and its place in the polity, Wayne Moore moves away from an exclusive focus on courts and judges and considers the following queries: Who is included among the people? How are the people politically...
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Analyzes the doctrine of "original intent" vs the Constitution's interpretation by each succeeding generation.
For more than two hundred years a debate has raged between those who believe that jurists should follow the original intentions of the Founding Fathers and those who argue that the Constitution is a living document subject to interpretation by each succeeding generation. The controversy has flared anew in our own time as a facet of the battle...
Author
Description
Covering the crucial years from the winning of independence to the creation of the federal government, The Forging of the Union may be considered a sequel to Richard B. Morris's Bancroft Award-winning book, The Peacemakers. Reexamining an enormous fund of original sources and the latest monographs, Morris treats the Confederation interlude as an extraordinary, if brief, period of trial and experimentation. Grave doubts were entertained on a wide variety...
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Description
This book explains how the debate over originalism emerged from the interaction of constitutional theory, U.S. Supreme Court decisions, and American political development. Refuting the contention that originalism is a recent concoction of political conservatives like Robert Bork, Johnathan O'Neill asserts that recent appeals to the origin of the Constitution in Supreme Court decisions and commentary, especially by Justices Antonin Scalia and Clarence...
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