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Page 11
... liberty , the separation of church and state , political par- ties , separation of powers , an acceptance of the principle of equality , and the conscious creation of a new nation were also among American institutional " firsts ...
... liberty , the separation of church and state , political par- ties , separation of powers , an acceptance of the principle of equality , and the conscious creation of a new nation were also among American institutional " firsts ...
Page viii
... liberty , as Lincoln said , and dedicated to the proposition that all people are created equal . The Philadelphia Consti- tutional Convention of 1787 suffered the continued existence of sla- very because a strong union was not otherwise ...
... liberty , as Lincoln said , and dedicated to the proposition that all people are created equal . The Philadelphia Consti- tutional Convention of 1787 suffered the continued existence of sla- very because a strong union was not otherwise ...
Page xvii
... liberty of the press shall not be restrained , when no power is given by which restrictions may be imposed ? Similarly , James Wilson , the most influential Framer next to James Madison , sought to explain the Convention's omission of a ...
... liberty of the press shall not be restrained , when no power is given by which restrictions may be imposed ? Similarly , James Wilson , the most influential Framer next to James Madison , sought to explain the Convention's omission of a ...
Page xvii
... liberty . Personal liberty depended on public opinion rather than parchment guarantees because experience had revealed such guarantees to be ineffective when confronted by " public necessity . " The Framers tended to be skeptical about ...
... liberty . Personal liberty depended on public opinion rather than parchment guarantees because experience had revealed such guarantees to be ineffective when confronted by " public necessity . " The Framers tended to be skeptical about ...
Page xvii
... liberty , an insurance that one class , or religion , or section , or interest , or faction could not become too powerful , jeopardizing the liberty of others . Diversity con- stituted a natural system of checks and balances , making ...
... liberty , an insurance that one class , or religion , or section , or interest , or faction could not become too powerful , jeopardizing the liberty of others . Diversity con- stituted a natural system of checks and balances , making ...
Contents
xvii | |
Property As a Human Right | 13 |
The Right Is Wrong on Rights | 31 |
On the Origins of the Free Press Clause | 41 |
The Legacy Reexamined | 85 |
Flag Desecration | 111 |
The Incorporation Doctrine | 119 |
Incorporation and the Wall | 127 |
Due Process of Law | 299 |
Taxation Without Representation | 303 |
Massachusetts Constitution October 251780 | 307 |
Articles of Confederation | 311 |
Ratifier Intent | 317 |
The Supreme Court 17891801 | 321 |
And Some Leading Cases | 331 |
Freedom in Turmoil Era of the Sedition Act | 337 |
The Fourth Amendment Search and Seizure | 147 |
The Exclusionary Rule | 177 |
Establishment of the Fifth Amendment Right | 185 |
Framing the Fifth Amendment | 223 |
Immunity Grants | 255 |
Miranda v Arizona 384 US 436 1966 | 259 |
Testimonial and Nontestimonial Compulsion | 263 |
The Ninth Amendment Unenumerated Rights | 267 |
Constitutional History | 285 |
Social Compact Theory | 287 |
Constitution | 291 |
Constitutional Convention | 295 |
Textualism | 349 |
Lemuel Shaw Americas Greatest Magistrate | 357 |
The Marshall Court | 377 |
The Marshall Court | 379 |
Marbury v Madison 1 Cranch 137 1803 | 393 |
Federal Common Law of Crimes | 401 |
Three Contract Clause Cases | 407 |
Martin v Hunters Lessee 1 Wheaton 304 1816 | 417 |
McCulloch v Maryland 4 Wheaton 3161819 | 423 |
Cohens v Virginia 6 Wheaton 265 1821 | 431 |
Gibbons v Ogden 9 Wheaton 1 1824 | 439 |
Other editions - View all
Seasoned Judgments: The American Constitution, Rights, and History Leonard W. Levy No preview available - 1997 |
Seasoned Judgments: The American Constitution, Rights, and History Leonard Williams Levy No preview available - 1995 |
Common terms and phrases
accused Adams American Anderson Anti-Federalist Article authority Bill of Rights Bork Boston Chief Justice civil colonies common law compact theory compelled Congress consti Constitution constitutionality convention crime criminal Cush decision defendant doctrine due process England establishment clause evidence exclusionary rule Federalist Fifth Amendment Fourteenth Amendment Fourth Amendment Framers free press clause freedom Goebel and Naughton grand jury Ibid immunity incorporation doctrine incriminate Jefferson John judges judicial review Judiciary jurisdiction law of seditious legislative legislature Levy liberty Magna Carta Marshall Marshall's Massachusetts Mayton meaning ment oath opinion original Pennsylvania person police political principle process of law prosecution protection punishment ratifying reason religion religious reprinted Republican right against self-incrimination search and seizure Sedition Act seditious libel self-incrimination Shaw speech statute supra note 14 Supreme Court tion treason clause treaties trial unconstitutional United violated Virginia vols warrants William witness writs of assistance York
Popular passages
Page xvii - Let me add that a bill of rights is what the people are entitled to against every government on earth, general or particular, and what no just government should refuse, or rest on inference.