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Original Intents
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Book Synopsis Original Intents by : Andrew Shankman
Download or read book Original Intents written by Andrew Shankman and published by Oxford University Press, USA. This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hamilton, Jefferson, Madison and the fear of anarchy in the 1780s -- Seeds of disagreement in the 1780s -- A fragile unity : supporting the Constitution -- Disagreement : revenue, debt, commerce, and the report on public credit -- Conflict : funding, assumption, and the national capital -- A mighty argument : the Constitution, the bank, and the stock market crashes of 1791 and '92 -- The mighty argument goes public : the report on manufactures and the origins of party politics
Download or read book Original Intent written by David Barton and published by Wallbuilder Press. This book was released on 2000-03 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt: In their own words, the Supreme Court has become "a national theology board," "a super board of education," and amateur psychologists on a "psycho-journey." The result has been a virtual rewriting of the liberties enumerated in the Constitution. A direct victim of this judicial micromanagement has been the religious aspect of the First Amendment. For example, the Court now interprets that Amendment under: a "Lemon Test" absurdly requiring religious expression to be secular, an "Endorsement Test" pursuing an impossible neutrality between religion and secularism, and a "Psychological Coercion Test" allowing a single dissenter to silence an entire community's religious expression. Additional casualties of judicial activism have included protections for State's rights, local controls, separation of powers, legislative supremacy, and numerous other constitutional provisions. Why did earlier Courts protect these powers for generations, and what has caused their erosion by contemporary Courts? Original Intent answers these questions. By relying on thousands of primary sources, Original Intent documents (in the Founding Fathers' own words) not only the plan for limited government originally set forth in the Constitution and Bill of Rights but how that vision can once again become reality. Book jacket.
Book Synopsis Original Intent and the Framers' Constitution by : Leonard W. Levy
Download or read book Original Intent and the Framers' Constitution written by Leonard W. Levy and published by Ivan R. Dee. This book was released on 2000-08-15 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: For more than two hundred years a debate has raged between those who believe that jurists should follow the original intentions of the Founding Fathers and those who argue that the Constitution is a living document subject to interpretation by each succeeding generation. The controversy has flared anew in our own time as a facet of the battle between conservatives and liberals. In Original Intent and the Framers' Constitution, the distinguished constitutional scholar Leonard Levy cuts through the Gordian Knot of claim and counterclaim with an argument that is clear, logical, and compelling. Rejecting the views of both left and right, he evaluates the doctrine of "original intent" by examining the sources of constitutional law and landmark cases. Finally, he finds no evidence for grounding the law in original intent. Judicial activism—the constant reinterpretation of the Constitution—he sees as inevitable.
Book Synopsis Negotiating the Constitution by : Joseph M. Lynch
Download or read book Negotiating the Constitution written by Joseph M. Lynch and published by Cornell University Press. This book was released on 2005 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: No concept sparks more controversy in constitutional debate than "original intent." Offering a legal historian's approach to the subject, this book demonstrates that the framers deliberately obscured one of their more important decisions. Joseph M. Lynch argues that the Constitution was a product of political struggles involving regional interests, economic concerns, and ideology. The framers, he maintains, settled on enigmatic wording of the Necessary and Proper Clause and of the General Welfare provision in the Spending Clause as a compromise, leaving the extent of federal power to be determined by the political process. During ratification, however, attempts by dissident framers to undo the compromise were repelled in The Federalist: charges of overly broad congressional powers were met with protestations that in fact these powers were limited. Lynch describes how early lawmakers applied the Constitution to such issues as executive power and privilege, the deportation of aliens, and the prohibition of seditious speech. He follows the disputes over the interpretation of this document--focusing on James Madison's changing views--as the new government took shape and political parties were formed. Lynch points out that the first six Congresses and President George Washington disregarded the framers' intentions when they were deemed impractical to follow. In contrast, he warns that the version of original intent put forth in recent Supreme Court opinions regarding congressional power could hinder Congress in serving the nation.
Book Synopsis Church, State, and Original Intent by : Donald L. Drakeman
Download or read book Church, State, and Original Intent written by Donald L. Drakeman and published by Cambridge University Press. This book was released on 2010 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: This provocative book shows how the justices of the United States Supreme Court have used constitutional history, portraying the Framers' actions in a light favoring their own views about how church and state should be separated. Drakeman examines church-state constitutional controversies from the Founding Era to the present, arguing that the Framers originally intended the establishment clause only as a prohibition against a single national church.
Book Synopsis The Road to Mass Democracy by : C. H. Hoebeke
Download or read book The Road to Mass Democracy written by C. H. Hoebeke and published by Transaction Publishers. This book was released on 2014-09-15 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Before the Seventeenth Amendment, US senators were elected by state legislatures. To end the supposed corruption of state "machines" and make the Senate more responsive to the legislative needs of the industrial era, the Senate was made a popularly elected body in 1913. Meanwhile, the spread of information and communications technology, it was argued, had rendered indirect representation through state legislators unnecessary. However, C. H. Hoebeke contends, none of these reasons accorded with the original intent of the Constitution's framers. To the founders, democracy simply meant the absolute rule of the majority. They proposed instead a "mixed" Constitution, an ancient ideal under which democracy was only one element in a balanced republic. Hoebeke demonstrates that the states, which were to provide the aristocratic Senate and the monarchical president, never resisted egalitarian encroachments, and settled for popular expedients when electing both presidents and senators long before the formal cry for amendment. The Road to Mass Democracy addresses the corruption, character and conduct of senate candidates and other issues relating to the triumph of "plebiscitary government" over "representative checks and balances." This work offers a provocative, readable, and often satiric reexamination of America's attempt to solve the problems of democracy with more democracy.
Book Synopsis Original Intent and the Framers of the Constitution by : Harry V. Jaffa
Download or read book Original Intent and the Framers of the Constitution written by Harry V. Jaffa and published by Regnery Publishing. This book was released on 1994 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: A unique contribution to the debate over the original intentions of the Framers of the U.S. Constitutions.
Book Synopsis Original Meanings by : Jack N. Rakove
Download or read book Original Meanings written by Jack N. Rakove and published by Vintage. This book was released on 2010-04-21 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: From abortion to same-sex marriage, today's most urgent political debates will hinge on this two-part question: What did the United States Constitution originally mean and who now understands its meaning best? Rakove chronicles the Constitution from inception to ratification and, in doing so, traces its complex weave of ideology and interest, showing how this document has meant different things at different times to different groups of Americans.
Book Synopsis Reclaiming God's Original Intent for the Church by : Wes Roberts
Download or read book Reclaiming God's Original Intent for the Church written by Wes Roberts and published by NavPress Publishing Group. This book was released on 2004 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: If you want a more vital union with God, a richer relationship with others, and a deeper sense of personal wholeness, learn how to look inside yourself and discover how God works real, liberating change when you live from the inside out. Includes a 12-week study guide.
Book Synopsis The Hollow Core of Constitutional Theory by : Donald L. Drakeman
Download or read book The Hollow Core of Constitutional Theory written by Donald L. Drakeman and published by Cambridge University Press. This book was released on 2021-04-08 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first major scholarly defense of the centrality of the Framers' intentions in constitutional interpretation to appear in years.
Book Synopsis The True Spirit and Original Intent of Treaty 7 by : Walter Hildebrandt
Download or read book The True Spirit and Original Intent of Treaty 7 written by Walter Hildebrandt and published by McGill-Queen's Press - MQUP. This book was released on 1996 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: There are several historical accounts of the Treaty 7 agreement between the government and prairie First Nations but none from the perspective of the aboriginal people involved. In spite of their perceived silence, however, the elders of each nation involved have maintained an oral history of events, passing on from generation to generation many stories about the circumstances surrounding Treaty 7 and the subsequent administration of the agreement. The True Spirit and Original Intent of Treaty 7 gathers the "collective memory" of the elders about Treaty 7 to provide unique insights into a crucial historical event and the complex ways of the aboriginal people.
Book Synopsis Constitutional Interpretation by : Keith E. Whittington
Download or read book Constitutional Interpretation written by Keith E. Whittington and published by . This book was released on 1999 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: With its detailed and wide-ranging explorations in history, philosophy, and law, this book is essential reading for anyone interested in how the Constitution ought to be interpreted and what it means to live under a constitutional government."--BOOK JACKET.
Book Synopsis The Federalist Papers by : Alexander Hamilton
Download or read book The Federalist Papers written by Alexander Hamilton and published by Read Books Ltd. This book was released on 2018-08-20 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.
Book Synopsis Religion and the Continental Congress, 1774-1789 by : Derek Davis
Download or read book Religion and the Continental Congress, 1774-1789 written by Derek Davis and published by Oxford University Press, USA. This book was released on 2000 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers the first comprehensive examination of the role of religion in the proceedings, theories, ideas and goals of the Continental Congress. Those who argue that the U.S. was founded as a "Christian Nation" have made much of the religiosity of the founders, particularly as it was manifested in ritual invocations of a clearly Christian God. Congress's religious activities, Davis shows, expressed an unreflective popular piety, and by no means a determination of the revolutionaries to entrench religion in the federal state.
Book Synopsis Deliberate Intent by : Rodney A. Smolla
Download or read book Deliberate Intent written by Rodney A. Smolla and published by Crown Publishing Group (NY). This book was released on 1999 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: The riveting account of the landmark "Hit Man Case"--involving a man who hired a contract killer to execute his ex-wife, his severely brain-damaged son, and the boy's nurse--written by a noted First Amendment attorney who risked his reputation and career to take on the case.
Book Synopsis The Nature of Legislative Intent by : Richard Ekins
Download or read book The Nature of Legislative Intent written by Richard Ekins and published by OUP Oxford. This book was released on 2012-10-12 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are legislatures able to form and act on intentions? The question matters because the interpretation of statutes is often thought to centre on the intention of the legislature and because the way in which the legislature acts is relevant to the authority it does or should enjoy. Many scholars argue that legislative intent is a fiction: the legislative assembly is a large, diverse group rather than a single person and it seems a mystery how the intentions of the individual legislators might somehow add up to a coherent group intention. This book argues that in enacting a statute the well-formed legislature forms and acts on a detailed intention, which is the legislative intent. The foundation of the argument is an analysis of how the members of purposive groups act together by way of common plans, sometimes forming complex group agents. The book extends this analysis to the legislature, considering what it is to legislate and how members of the assembly cooperate to legislate. The book argues that to legislate is to choose to change the law for some reason: the well-formed legislature has the capacity to consider what should be done and to act to that end. This argument is supported by reflection on the centrality of intention to the nature of language use. The book then explains in detail how members of the assembly form and act on joint intentions, which do not reduce to the intentions of each member, before outlining some implications of this account for the practice of statutory interpretation. Developing a robust account of the nature and importance of legislative intention, the book represents a significant contribution to the literature on deliberative democracy that will be of interest to all those thinking about legal interpretation and constitutional theory.
Book Synopsis Narrowing the Nation's Power by : John T. Noonan
Download or read book Narrowing the Nation's Power written by John T. Noonan and published by Univ of California Press. This book was released on 2002-08-21 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law professor exposes the Supreme Court's systematic unraveling of Federal power since the Reagan administration, revealing its role in transfering power to the states. (Politics & Government)
