Constitutional Opinions: Aspects of the Bill of RightsLeonard Levy, whose Origins of the Fifth Amendment received the 1969 Pulitzer Prize in American History, is widely recognized as one of our nation's preeminent constitutional historians. This book brings together his essays--four never before published--written over the past two decades. 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 Levy's previously unpublished works offer new discussions of the history of our Constitution, the Bill of Rights, the establishment clause of the First Amendment, and the right against self-incrimination. |
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Page 198
... witness or " strong pre- sumptions " pointed to the suspect , the judge could examine him “ strictly , ” and " he is bound to answer directly , though to the peril of this life . " History is not a judicial strong point , but judges ...
... witness or " strong pre- sumptions " pointed to the suspect , the judge could examine him “ strictly , ” and " he is bound to answer directly , though to the peril of this life . " History is not a judicial strong point , but judges ...
Page 206
... witness's right to refuse answer on Fifth Amendment grounds . Colonial precedents support absolute or transactional immunity , as did the immunity grant decisions in 1896 and 1956. The Court departed from its own precedents and history ...
... witness's right to refuse answer on Fifth Amendment grounds . Colonial precedents support absolute or transactional immunity , as did the immunity grant decisions in 1896 and 1956. The Court departed from its own precedents and history ...
Page 218
... witness against himself in violation of the Fifth Amendment . Jurors are not notably sympathetic to a defendant who ... witness against himself . He has not been a witness against himself of his own free will , least of all in the sense ...
... witness against himself in violation of the Fifth Amendment . Jurors are not notably sympathetic to a defendant who ... witness against himself . He has not been a witness against himself of his own free will , least of all in the sense ...
Contents
Freedom of Speech in SeventeenthCentury Thought | 3 |
John Lilburne and the Rights of Englishmen | 14 |
Quaker Blasphemy and Toleration | 40 |
Copyright | |
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accused American answer Anti-Federalists argument Articles Assembly attainder authority believed Bill of Rights bills of attainder blasphemy Burger Chief Justice Christ church civil claimed clause colonial committee common law confession Congress conscience Constitution Convention conviction counsel crime criminal Cromwell debate decisions declared defendant denied due process England establishment of religion evidence fact federal Federalist Fifth Amendment framers guilty Hamilton House Ibid illegal incriminating indictment interrogatories James Nayler Jefferson John Lilburne Journal judges judicial legislative legislature libertarian Lilburne's London Madison Magna Carta Massachusetts McDougall ment ministers Miranda national government oath opinion Parliament person police political Presbyterians principle prison prosecution protection punishment Puritan Quakers Ranters ratification refused religious liberty right against self-incrimination sect Sedition Act seditious libel self-incrimination Senate Star Chamber statement strict constructionism Supreme Court tion toleration treason truth violated Virginia vote Warren Court William witness words worship York Zenger