[PDF] Making Sense Of The Constitution eBook

Author : Richard Beeman
Publisher : Random House Trade Paperbacks
Page : 546 pages
File Size : 50,24 MB
Release : 2010-02-09
Category : History
ISBN : 0812976843

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In May 1787, in an atmosphere of crisis, delegates met in Philadelphia to design a radically new form of government. Distinguished historian Richard Beeman captures as never before the dynamic of the debate and the characters of the men who labored that historic summer. Virtually all of the issues in dispute—the extent of presidential power, the nature of federalism, and, most explosive of all, the role of slavery—have continued to provoke conflict throughout our nation's history. This unprecedented book takes readers behind the scenes to show how the world's most enduring constitution was forged through conflict, compromise, and fragile consensus. As Gouverneur Morris, delegate of Pennsylvania, noted: "While some have boasted it as a work from Heaven, others have given it a less righteous origin. I have many reasons to believe that it is the work of plain, honest men."

Author : Barry Friedman
Publisher : Farrar, Straus and Giroux
Page : 623 pages
File Size : 15,76 MB
Release : 2009-09-29
Category : Law
ISBN : 1429989955

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In recent years, the justices of the Supreme Court have ruled definitively on such issues as abortion, school prayer, and military tribunals in the war on terror. They decided one of American history's most contested presidential elections. Yet for all their power, the justices never face election and hold their offices for life. This combination of influence and apparent unaccountability has led many to complain that there is something illegitimate—even undemocratic—about judicial authority. In The Will of the People, Barry Friedman challenges that claim by showing that the Court has always been subject to a higher power: the American public. Judicial positions have been abolished, the justices' jurisdiction has been stripped, the Court has been packed, and unpopular decisions have been defied. For at least the past sixty years, the justices have made sure that their decisions do not stray too far from public opinion. Friedman's pathbreaking account of the relationship between popular opinion and the Supreme Court—from the Declaration of Independence to the end of the Rehnquist court in 2005—details how the American people came to accept their most controversial institution and shaped the meaning of the Constitution.

Author : Kermit Roosevelt
Publisher : Yale University Press
Page : 272 pages
File Size : 36,30 MB
Release : 2008-01-01
Category : Law
ISBN : 0300129564

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Constitutional scholar Kermit Roosevelt uses plain language and compelling examples to explain how the Constitution can be both a constant and an organic document, and takes a balanced look at controversial decisions through a compelling new lens of constitutional interpretation.

Author : Walter M Frank
Publisher : SIU Press
Page : 329 pages
File Size : 10,69 MB
Release : 2012-03-22
Category : Law
ISBN : 0809330849

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In Making Sense of the Constitution: A Primer on the Supreme Court and Its Struggle to Apply Our Fundamental Law, Walter Frank tackles in a comprehensive but lively manner subjects rarely treated in one volume. Aiming at both the general reader and students of political science, law, or history, Frank begins with a brief discussion of the nature of constitutional law and why the Court divides so closely on many issues. He then proceeds to an analysis of the Constitution and subsequent amendments, placing them in their historical context. Next, Frank shifts to the Supreme Court and its decisions, examining, among other things, doctrinal developments, the Court’s decision making processes, how justices interact with each other, and the debate over how the Constitution should be interpreted. The work concludes with a close analysis of Court decisions in six major areas of continuing controversy, including abortion, affirmative action, and campaign finance. Outstanding by the University Press Books for Public and Secondary Schools

Author : David A. Strauss
Publisher : Oxford University Press
Page : 171 pages
File Size : 22,51 MB
Release : 2010-05-19
Category : Law
ISBN : 0199703698

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Supreme Court Justice Antonin Scalia once remarked that the theory of an evolving, "living" Constitution effectively "rendered the Constitution useless." He wanted a "dead Constitution," he joked, arguing it must be interpreted as the framers originally understood it. In The Living Constitution, leading constitutional scholar David Strauss forcefully argues against the claims of Scalia, Clarence Thomas, Robert Bork, and other "originalists," explaining in clear, jargon-free English how the Constitution can sensibly evolve, without falling into the anything-goes flexibility caricatured by opponents. The living Constitution is not an out-of-touch liberal theory, Strauss further shows, but a mainstream tradition of American jurisprudence--a common-law approach to the Constitution, rooted in the written document but also based on precedent. Each generation has contributed precedents that guide and confine judicial rulings, yet allow us to meet the demands of today, not force us to follow the commands of the long-dead Founders. Strauss explores how judicial decisions adapted the Constitution's text (and contradicted original intent) to produce some of our most profound accomplishments: the end of racial segregation, the expansion of women's rights, and the freedom of speech. By contrast, originalism suffers from fatal flaws: the impossibility of truly divining original intent, the difficulty of adapting eighteenth-century understandings to the modern world, and the pointlessness of chaining ourselves to decisions made centuries ago. David Strauss is one of our leading authorities on Constitutional law--one with practical knowledge as well, having served as Assistant Solicitor General of the United States and argued eighteen cases before the United States Supreme Court. Now he offers a profound new understanding of how the Constitution can remain vital to life in the twenty-first century.

Author : Michael Arnheim
Publisher : John Wiley & Sons
Page : 565 pages
File Size : 10,40 MB
Release : 2009-04-27
Category : Law
ISBN : 0470543000

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An in-depth look at the defining document of America Want to make sense of the U.S. Constitution? This plain-English guide walks you through this revered document, explaining how the articles and amendments came to be and how they have guided legislators, judges, and presidents and sparked ongoing debates. You'll understand all the big issues — from separation of church and state to impeachment to civil rights — that continue to affect Americans' daily lives. Get started with Constitution basics — explore the main concepts and their origins, the different approaches to interpretation, and how the document has changed over the past 200+ years Know who has the power — see how the public, the President, Congress, and the Supreme Court share in the ruling of America Balance the branches of government — discover what it means to be Commander in Chief, the functions of the House and Senate, and how Supreme Court justices are appointed Break down the Bill of Rights — from freedom of religion to the prohibition of "cruel and unusual punishments," understand what the first ten amendments mean Make sense of the modifications — see how amendments have reformed presidential elections, abolished slavery, given voting rights to women, and more Open the book and find: The text of the Constitution and its ammendments Discussion of controversial issues including the death penalty, abortion, and gay marriage Why the word "democracy" doesn't appear in the Constitution What the Electoral College is and how it elects a President Details on recent Supreme Court decisions The Founding Fathers' intentions for balancing power in Washington

Author : Akhil Reed Amar
Publisher : Basic Books (AZ)
Page : 644 pages
File Size : 25,6 MB
Release : 2012-09-11
Category : History
ISBN : 0465029574

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Reading between the lines: America's implicit Constitution -- Heeding the deed: America's enacted Constitution -- Hearing the people: America's lived Constitution -- Confronting modern case law: America's "warrented" Constitution -- Putting precedent in its place: America's doctrinal Constitution -- Honoring the icons: America's symbolic Constitution -- "Remembering the ladies" : America's feminist Constitution -- Following Washington's lead: America's "Georgian" Constitution -- Interpreting government practices: America's institutional Constitution -- Joining the party: America's partisan Constitution -- Doing the right thing: America's conscientious Constitution -- Envisioning the future: America's unfinished Constitution -- Afterward -- Appendix: America's written Constitution.

Author : Willard Cleon Skousen
Publisher : C&J Investments, LLC
Page : 784 pages
File Size : 34,10 MB
Release : 1985
Category : Constitutional history
ISBN : 9780910558525

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THE MAKING OF AMERICA by W. Cleon Skousen is the finest and most complete analysis of the Constitution available. It is written with clarity and brevity for serious students of all ages. The first third of the book introduces the Founding Fathers, their backgrounds, and their struggles to help the new country establish itself under the Articles of Confederation. The failure of the Articles to sustain George Washingtons troops during the War for Independence, as well as the rest of the nation during the years immediately afterwards, is well explained. Skousen describes the rationale and crises that led the Founders to rethink good government and construct the Constitution based on natural law and the fundamental principles of individual unalienable rights. Included is a discussion on prosperity economics written for the layman, showing the link between economic freedom and all other freedoms. The remainder of the book is a brilliant breakdown of the Constitution into 286 specific principles and rights. Each of these principles was painstakingly hammered into shape after exhaustive study of the Founders original writings. As shown, the short discussions explain the authority and responsibilities granted to the government, and highlight the restrictions and controls necessary to maintain a free and prosperous society. For every principle, the Founders themselves are quoted to give their reasoning and positions. It becomes abundantly clear what tools are indispensable for a free society to sustain itself into perpetuity. IN THEIR OWN WORDS: Skousen briefly quotes the Founders own writings. He provides dissenting discussion to show how they wrestled over pertinent issues, their conflicting concerns, and how they arrived at the conclusions they did. Skousen shows how these ideas were talked out until the wisdom of each point was finally agreed upon and inserted into the Constitution. Only on three main issues were they Founders sharply divided and forced into a compromise. These discussions, debates and compromises are shown in context of the times. HOPE FOR THE FUTURE: The book concludes with a brief discussion on how America may return to the strength and prosperity that once was the pride of the world but is now severely eroded. As shown, the destruction of freedom came because of a long succession of bad and unconstitutional choices that have rendered the Constitution largely abandoned. But there is hope, provided for by the Founders themselves who worried our nation would fall into the same trap that has destroyed countless societies of the past. There is a valid path forward to achieve a sterling future of freedom, liberty and prosperity for generations yet unborn all of this pleasantly described in the very last section.

Author : Ralph Ketcham
Publisher :
Page : 216 pages
File Size : 22,84 MB
Release : 1993
Category : Law
ISBN :

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Ketcham delves not only into the meaning of the documents but also into the connotations of the framers' vocabulary, the reasoning behind both accepted and rejected propositions, arguments for and against, and unstated assumptions. In his analysis, the fundamental or enduring principles are republicanism, liberty, public good, and federalism (as part of the broader doctrine of balance of powers).

Author : Kim Wehle
Publisher : HarperCollins
Page : 449 pages
File Size : 23,32 MB
Release : 2019-06-25
Category : Political Science
ISBN : 0062896318

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"A must-read for this era.”—Jake Tapper, CNN Anchor and Chief Washington Correspondent An insightful, urgent, and perennially relevant handbook that lays out in common sense language how the United States Constitution works, and how its protections are eroding before our eyes—essential reading for anyone who wants to understand and parse the constantly breaking news about the backbone of American government. The Constitution is the most significant document in America. But do you fully understand what this valuable document means to you? In How to Read the Constitution--and Why, legal expert and educator Kimberly Wehle spells out in clear, simple, and common sense terms what is in the Constitution, and most importantly, what it means. In compelling terms and including text from the United States Constitution, she describes how the Constitution’s protections are eroding—not only in express terms but by virtue of the many legal and social norms that no longer shore up its legitimacy—and why every American needs to heed to this “red flag” moment in our democracy. This invaluable—and timely—resource includes the Constitution in its entirety and covers nearly every significant aspect of the text, from the powers of the President and how the three branches of government are designed to hold each other accountable, to what it means to have individual rights—including free speech, the right to bear arms, the right to be free from unreasonable searches and seizures, and the right to an abortion. Finally, the book explains why it has never been more important than now for all Americans to know how our Constitution works—and why, if we don’t step in to protect it now, we could lose its protections forever. How to Read the Constitution--and Why is essential reading for anyone who cares about maintaining an accountable government and the individual freedoms that the Constitution enshrines for everyone in America—regardless of political party.