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 xii
... principles of the American polity and the principles of classical ( " Greek " ) philosophy . ' III . Accounts of the life experiences of an author may sometimes help to clarify his thought . I believe this book stands on its own with no ...
... principles of the American polity and the principles of classical ( " Greek " ) philosophy . ' III . Accounts of the life experiences of an author may sometimes help to clarify his thought . I believe this book stands on its own with no ...
Page xiii
... principles of con- stitutional government in this country . To derive personal profit from what he thought was a disservice both to his country and to his princi- ples must have been utterly repugnant to him . He admits he might be ...
... principles of con- stitutional government in this country . To derive personal profit from what he thought was a disservice both to his country and to his princi- ples must have been utterly repugnant to him . He admits he might be ...
Page xix
... principles of the regime . It was a controversy keyed to momentous events of the day , something that was evident in the Character and Fitness Committee's sur- reptitiously waiting on the decision in Dennis v . United States ( June 1951 ) ...
... principles of the regime . It was a controversy keyed to momentous events of the day , something that was evident in the Character and Fitness Committee's sur- reptitiously waiting on the decision in Dennis v . United States ( June 1951 ) ...
Page xx
... principles of the regime became decisively mine , especially since others ( the great majority all around me ) had abandoned if not even repudiated them . Thus , whereas the Air Corps had helped me become fully a part of this country ...
... principles of the regime became decisively mine , especially since others ( the great majority all around me ) had abandoned if not even repudiated them . Thus , whereas the Air Corps had helped me become fully a part of this country ...
Page xxxiii
... principles developed in the Text of The Constitutionalist . I move in this book from distinctively American concerns to the sources of perennial questions and provisional answers that may be found in the enduring texts of the West ...
... principles developed in the Text of The Constitutionalist . I move in this book from distinctively American concerns to the sources of perennial questions and provisional answers that may be found in the enduring texts of the West ...
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