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"In this book, Brandon examines the breakdown of American constitutional order in the nineteenth century, paying special attention to slavery as an institution and as a subject of political rhetoric. He draws on historical narrative and constitutional theory to argue that the Constitution failed both because it denied to slaves and free blacks the means to participate in political life and because it could not reconcile the increasingly divergent...
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Original Intent and the Framers of the Constitution: A Disputed Question is a unique contribution to the debate, begun by Attorney General Edwin Meese in the second Reagan administration, over the "original intentions of the Framers." Professor Jaffa agrees entirely with Meese's opinion that there is a need to confine judges to interpreting, not making law. Jaffa also agrees that original intent, rightly understood, is the only sound basis of constitutional...
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Although this collection spans the entire course of American history, Levy focuses primarily on colonial America and the Constitutional period. His essays cover a broad range of subjects, including free speech in the 17th century, John Liburne and the rights of the English, Quaker blasphemy and toleration, the Zenger case, the First and Ffifth Amendments, Jefferson as civil libertarian, and judicial activism. Levy's previously unpublished works offer...
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"Located at the intersection of law, political science, philosophy, and literary theory, this work of constitutional theory explores the nature of American constitutional interpretation through a reconsideration of the long-standing debate between the interpretive theories of originalism and nonoriginalism. It traces that debate to a particular set of premises about the nature of language, interpretation, and objectivity, premises that raise the specter...
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"Since 9/11, the U.S. government has acted in a variety of ways--some obvious, some nearly invisible--to increase its surveillance and detention power over American citizens and residents. While most of us have made our peace with the various new restrictions on our civil liberties after 9/11, we have done it without really understanding what those restrictions are or the extent of their reach. Moreover, we tend to think that if the national security...
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Leonard Levy's classic work examines the circumstances that led to the writing of the establishment clause of the First Amendment: "Congress shall make no law respecting an establishment of religion ..." He argues that the framers of the Constitution intended to prohibit government aid to religion even on an impartial basis. He thus refutes the view of "nonpreferentialists," who interpret the clause as allowing such aid provided that the assistance...
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What did the U.S. Constitution originally mean, and who has understood its meaning best? Do we look to the intentions of its framers at the Federal Convention of 1787, or to those of its ratifiers in the states? Or should we trust our own judgment in deciding whether the original meaning of the Constitution should still guide its later interpretation? These are the recurring questions in the ongoing process of analyzing and resolving constitutional...
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