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. |
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Page xvii
... Committee on 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 ...
... Committee on 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 ...
Page xxiii
... Committee on 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 ...
... Committee on 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 ...
Page lxii
... Committee on Character and Fitness ] was that the questions asked and the answers demanded violated the First Amendment . That the Committee's action was upheld by the Illinois Supreme Court , and later by lxii 2004 ADDENDA FOR THE ...
... Committee on Character and Fitness ] was that the questions asked and the answers demanded violated the First Amendment . That the Committee's action was upheld by the Illinois Supreme Court , and later by lxii 2004 ADDENDA FOR THE ...
Page lxix
... committee who himself had twice voted against the author told me that the case must be viewed in the context of the time when it occurred . He said the result would undoubtedly be different today . However , with one segment of the bar ...
... committee who himself had twice voted against the author told me that the case must be viewed in the context of the time when it occurred . He said the result would undoubtedly be different today . However , with one segment of the bar ...
Page 24
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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