The Constitutionalist: Notes on the First AmendmentIn this new edition of the acclaimed 1971 original, George Anastaplo provides us with a detailed legal, historical, and dialectical analysis of the First Amendment with special attention to the reasoning of the Founding Fathers. Heralded as a groundbreaking work on freedom of expression and constitutional rights, The Constitutionalist challenges the reader to truly understand through a legal and philosophical viewpoint the roles of freedom of speech and freedom of the press in our society, or any society. Supplementing the original text are thorough appendices, including an in-depth record of Anastaplo's own remarkable bar admission case, and extensive notes exploring a range of topics from important political events to the nature of American institutions, as well as a wealth of discriminating references and commentary pulling from anthropology, sociology, psychology, and literature. This book is essential and engrossing reading for law students, legal scholars, and anyone interested in the development and application of free speech and the First Amendment. |
From inside the book
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Page xi
... character free institutions and self - gov- ernment presuppose in a populace , the reader is led into depth . after depth - that is , the reader who is able to accept the author's invitation to explore . The range of topics dealt with ...
... character free institutions and self - gov- ernment presuppose in a populace , the reader is led into depth . after depth - that is , the reader who is able to accept the author's invitation to explore . The range of topics dealt with ...
Page xii
... character B is speaking : 5 At the beginning of the case I think he thought he had little choice . He was too honorable and too intelligent to behave much differently . We were in the middle of the McCarthy episode , before things began ...
... character B is speaking : 5 At the beginning of the case I think he thought he had little choice . He was too honorable and too intelligent to behave much differently . We were in the middle of the McCarthy episode , before things began ...
Page xvii
... Character and Fitness . My two brothers ( both younger , and now dead ) and I were very much aware , as we grew up in Southern Illinois , that we were different from most of our associates . Thus , although we regularly attended a ...
... Character and Fitness . My two brothers ( both younger , and now dead ) and I were very much aware , as we grew up in Southern Illinois , that we were different from most of our associates . Thus , although we regularly attended a ...
Page xxiii
... Character and Fitness of the Illinois Bar on November 10 , 1950 , three days after my twenty - fifth birthday . After all , I ( as a twenty - year - old ) had , on more than one occasion , been the only one awake of our air crew as I ...
... Character and Fitness of the Illinois Bar on November 10 , 1950 , three days after my twenty - fifth birthday . After all , I ( as a twenty - year - old ) had , on more than one occasion , been the only one awake of our air crew as I ...
Page xlviii
... character " ; page 437 , line 26 : for " see " , read " learn " ; page 437 , line 27 : for " other- worthly " , read " otherworldly " ; page 450 , line 25 : for " chap . 6 , n . 69 " , read " chap . 7 , n . 69 " ; page 458 , line 23 ...
... character " ; page 437 , line 26 : for " see " , read " learn " ; page 437 , line 27 : for " other- worthly " , read " otherworldly " ; page 450 , line 25 : for " chap . 6 , n . 69 " , read " chap . 7 , n . 69 " ; page 458 , line 23 ...
Contents
I A JOURNAL OF PROCEEDINGS | 3 |
II THE SUPREME LAW OF THE LAND | 11 |
III CONGRESS SHALL MAKE NO LAW | 35 |
IV ALL LEGISLATIVE POWERS HEREIN GRANTED | 53 |
V ABRIDGING THE FREEDOM OF SPEECH | 93 |
VI THE POWERS NOT DELEGATED TO THE UNITED STATES | 133 |
VII A MORE PERFECT UNION | 171 |
VIII THE BLESSINGS OF LIBERTY | 205 |
APPENDIX A STAGES IN THE FIRST CONGRESS OF THE FIRST AMENDMENT | 289 |
CIRCULAR AND INDICTMENT | 294 |
APPENDIX C DUE PROCESS AND THE WORLD OF COMMERCE | 306 |
A TRIAL IN CHICAGO | 312 |
PRINCIPIIS OBSTA | 324 |
APPENDIX F IN RE GEORGE ANASTAPLO 195061 | 331 |
NOTES | 419 |
809 | |
IX WE DO ORDAIN AND ESTABLISH | 273 |
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Common terms and phrases
Adams admission American Annals argued argument Aristotle Article authority Bill of Rights character and fitness Chicago L Chicago Sun-Times Chicago Tribune citizens civil committee common law Communist Party Congress congressional consider Constitution Constitutionalist crime Crosskey danger debate decision Declaration defendants discussion dissenting due process duty effect entry evident exercise federal Federalist Fourteenth Amendment freedom of speech George Anastaplo habeas corpus House ibid Illinois italics added John judge judicial jury lawyers legislation legislature Leo Strauss libel liberty Lincoln Madison matters means ment Nicomachean Ethics observed opinion perhaps petition petitioner petitioner's Plato political President principles problem prohibition prosecution protection question reason record refusal Republic republican respect restraints right of revolution rule Sedition Act seems Senate Smith Act statute suggested Supreme Court text at chap thought tion trial United University of Chicago York