The Living Constitution

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Publisher : Oxford University Press
ISBN 13 : 0199703698
Total Pages : 171 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis The Living Constitution by : David A. Strauss

Download or read book The Living Constitution written by David A. Strauss and published by Oxford University Press. This book was released on 2010-05-19 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

An Economic Interpretation of the Constitution of the United States

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Author :
Publisher : Courier Corporation
ISBN 13 : 0486140458
Total Pages : 338 pages
Book Rating : 4.4/5 (861 download)

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Book Synopsis An Economic Interpretation of the Constitution of the United States by : Charles A. Beard

Download or read book An Economic Interpretation of the Constitution of the United States written by Charles A. Beard and published by Courier Corporation. This book was released on 2012-03-08 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: This classic study — one of the most influential in the area of American economic history — questioned the founding fathers' motivations and prompted new perceptions of the supreme law of the land.

The Invention of Party Politics

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Publisher : Univ of North Carolina Press
ISBN 13 : 9780807827444
Total Pages : 368 pages
Book Rating : 4.8/5 (274 download)

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Book Synopsis The Invention of Party Politics by : Gerald Leonard

Download or read book The Invention of Party Politics written by Gerald Leonard and published by Univ of North Carolina Press. This book was released on 2002 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: A reexamination of party history and a detailed exposition of party politics in Illinois argues that constitutional issues, not economic or social affiliations, were key to early party development.

The Words That Made Us

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Publisher : Basic Books
ISBN 13 : 0465096360
Total Pages : 816 pages
Book Rating : 4.4/5 (65 download)

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Book Synopsis The Words That Made Us by : Akhil Reed Amar

Download or read book The Words That Made Us written by Akhil Reed Amar and published by Basic Books. This book was released on 2021-05-04 with total page 816 pages. Available in PDF, EPUB and Kindle. Book excerpt: A history of the American Constitution's formative decades from a preeminent legal scholar When the US Constitution won popular approval in 1788, it was the culmination of thirty years of passionate argument over the nature of government. But ratification hardly ended the conversation. For the next half century, ordinary Americans and statesmen alike continued to wrestle with weighty questions in the halls of government and in the pages of newspapers. Should the nation's borders be expanded? Should America allow slavery to spread westward? What rights should Indian nations hold? What was the proper role of the judicial branch? In The Words that Made Us, Akhil Reed Amar unites history and law in a vivid narrative of the biggest constitutional questions early Americans confronted, and he expertly assesses the answers they offered. His account of the document's origins and consolidation is a guide for anyone seeking to properly understand America's Constitution today.

The Framers' Coup

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Publisher : Oxford University Press
ISBN 13 : 0199942048
Total Pages : 881 pages
Book Rating : 4.1/5 (999 download)

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Book Synopsis The Framers' Coup by : Michael J. Klarman

Download or read book The Framers' Coup written by Michael J. Klarman and published by Oxford University Press. This book was released on 2016-09-16 with total page 881 pages. Available in PDF, EPUB and Kindle. Book excerpt: Americans revere their Constitution. However, most of us are unaware how tumultuous and improbable the drafting and ratification processes were. As Benjamin Franklin keenly observed, any assembly of men bring with them "all their prejudices, their passions, their errors of opinion, their local interests and their selfish views." One need not deny that the Framers had good intentions in order to believe that they also had interests. Based on prodigious research and told largely through the voices of the participants, Michael Klarman's The Framers' Coup narrates how the Framers' clashing interests shaped the Constitution--and American history itself. The Philadelphia convention could easily have been a failure, and the risk of collapse was always present. Had the convention dissolved, any number of adverse outcomes could have resulted, including civil war or a reversion to monarchy. Not only does Klarman capture the knife's-edge atmosphere of the convention, he populates his narrative with riveting and colorful stories: the rebellion of debtor farmers in Massachusetts; George Washington's uncertainty about whether to attend; Gunning Bedford's threat to turn to a European prince if the small states were denied equal representation in the Senate; slave staters' threats to take their marbles and go home if denied representation for their slaves; Hamilton's quasi-monarchist speech to the convention; and Patrick Henry's herculean efforts to defeat the Constitution in Virginia through demagoguery and conspiracy theories. The Framers' Coup is more than a compendium of great stories, however, and the powerful arguments that feature throughout will reshape our understanding of the nation's founding. Simply put, the Constitutional Convention almost didn't happen, and once it happened, it almost failed. And, even after the convention succeeded, the Constitution it produced almost failed to be ratified. Just as importantly, the Constitution was hardly the product of philosophical reflections by brilliant, disinterested statesmen, but rather ordinary interest group politics. Multiple conflicting interests had a say, from creditors and debtors to city dwellers and backwoodsmen. The upper class overwhelmingly supported the Constitution; many working class colonists were more dubious. Slave states and nonslave states had different perspectives on how well the Constitution served their interests. Ultimately, both the Constitution's content and its ratification process raise troubling questions about democratic legitimacy. The Federalists were eager to avoid full-fledged democratic deliberation over the Constitution, and the document that was ratified was stacked in favor of their preferences. And in terms of substance, the Constitution was a significant departure from the more democratic state constitutions of the 1770s. Definitive and authoritative, The Framers' Coup explains why the Framers preferred such a constitution and how they managed to persuade the country to adopt it. We have lived with the consequences, both positive and negative, ever since.

The Constitution in 2020

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Author :
Publisher : Oxford University Press
ISBN 13 : 0199731098
Total Pages : 368 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis The Constitution in 2020 by : Jack M. Balkin

Download or read book The Constitution in 2020 written by Jack M. Balkin and published by Oxford University Press. This book was released on 2009-05-26 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Constitution in 2020 is a powerful blueprint for implementing a more progressive vision of constitutional law in the years ahead. Edited by two of America's leading constitutional scholars, the book provides a new framework for addressing the most important constitutional issues of the future in clear, accessible language. Featuring some of America's finest legal minds--Cass Sunstein, Bruce Ackerman, Robert Post, Harold Koh, Larry Kramer, Noah Feldman, Pam Karlan, William Eskridge, Mark Tushnet, Yochai Benkler and Richard Ford, among others--the book tackles a wide range of issues, including the challenge of new technologies, presidential power, international human rights, religious liberty, freedom of speech, voting, reproductive rights, and economic rights. The Constitution in 2020 calls on liberals to articulate their constitutional vision in a way that can command the confidence of ordinary Americans.

Peace Pact

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Publisher : University Press of Kansas
ISBN 13 : 0700614931
Total Pages : 416 pages
Book Rating : 4.7/5 (6 download)

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Book Synopsis Peace Pact by : David C. Hendrickson

Download or read book Peace Pact written by David C. Hendrickson and published by University Press of Kansas. This book was released on 2003-04-29 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: That New England might invade Virginia is inconceivable today. But interstate rivalries and the possibility of intersectional war loomed large in the thinking of the Framers who convened in Philadelphia in 1787 to put on paper the ideas that would bind the federal union together. At the end of the Constitutional Convention, Benjamin Franklin rejoiced that the document would "astonish our enemies, who are waiting to hear with confidence . . . that our States are on the point of separation, only to meet hereafter for the purpose of cutting one another's throats." Usually dismissed as hyperbole, this and similar remarks by other Founders help us to understand the core concerns that shaped their conception of the Union. By reexamining the creation of the federal system of the United States from a perspective that yokes diplomacy with constitutionalism, Hendrickson's study, according to Karl Walling, "introduces a new way to think about what is familiar to us." This ground breaking book, then, takes a fresh look at the formative years of American constitutionalism and diplomacy. It tells the story of how thirteen colonies became independent states and found themselves grappling with the classic problems of international cooperation, and it explores the intellectual milieu within which that problem was considered. The founding generation, Hendrickson argues, developed a sophisticated science of international politics relevant both to the construction of their own union and to the foreign relations of "the several states in the union of the empire." The centrality of this discourse, he contends, must severely qualify conventional depictions of early American political thought as simply "liberal" or "republican." Hendrickson also takes issue with conventional accounts of early American foreign policy as "unilateralist" or "isolationist" and insists that the founding generation belonged to and made distinguished contributions to the constitutional tradition in diplomacy, the antecedent of twentieth-century internationalism. He describes an American system of states riven by deep sectional animosities and powerful loyalties to colonies and states (often themselves described as "nations") and explains why in such a milieu the creation of a durable union often appeared to be a quixotic enterprise. The book culminates in a consideration of the making of the federal Constitution, here styled as a peace pact or experiment in international cooperation. Peace Pact is an important book that promises to revolutionize our understanding of the era of revolution and constitution-making. Written in a lucid and accessible style, the book is an excellent introduction to the American founding and its larger significance in American and world history.

... Reinterpretation of the formation of the American Constitution

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Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (844 download)

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Book Synopsis ... Reinterpretation of the formation of the American Constitution by : Robert Eldon Brown

Download or read book ... Reinterpretation of the formation of the American Constitution written by Robert Eldon Brown and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Federalist Papers

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Publisher : Read Books Ltd
ISBN 13 : 1528785878
Total Pages : 420 pages
Book Rating : 4.5/5 (287 download)

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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.

The Failure of the Founding Fathers

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Publisher : Harvard University Press
ISBN 13 : 9780674018662
Total Pages : 424 pages
Book Rating : 4.0/5 (186 download)

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Book Synopsis The Failure of the Founding Fathers by : Bruce Ackerman

Download or read book The Failure of the Founding Fathers written by Bruce Ackerman and published by Harvard University Press. This book was released on 2005-10-28 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on seven years of archival research, the book describes previously unknown aspects of the electoral college crisis of 1800, presenting a revised understanding of the early days of two great institutions that continue to have a major impact on American history: the plebiscitarian presidency and a Supreme Court that struggles to put the presidency's claims of a popular mandate into constitutional perspective. Through close studies of two Supreme Court cases, Ackerman shows how the court integrated Federalist and Republican themes into the living Constitution of the early republic.

Original Intent and the Framers' Constitution

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Publisher : Ivan R. Dee
ISBN 13 : 1461730287
Total Pages : 544 pages
Book Rating : 4.4/5 (617 download)

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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.

Revolution by Judiciary

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Publisher : Harvard University Press
ISBN 13 : 9780674017153
Total Pages : 260 pages
Book Rating : 4.0/5 (171 download)

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Book Synopsis Revolution by Judiciary by : Jed Rubenfeld

Download or read book Revolution by Judiciary written by Jed Rubenfeld and published by Harvard University Press. This book was released on 2005 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional law's central narrative in the 20th century has been one of radical reinterpretation--Brown v. Board of Education, Roe v. Wade, Bush v. Gore. What justifies this phenomenon? How does it work doctrinally? What structures it or limits it? Rubenfeld finds a pattern in constitutional interpretation that answers these questions.

The Constitution of England

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Publisher :
ISBN 13 :
Total Pages : 284 pages
Book Rating : 4.0/5 (17 download)

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Book Synopsis The Constitution of England by : Jean Louis de Lolme

Download or read book The Constitution of England written by Jean Louis de Lolme and published by . This book was released on 1776 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt:

From Independence to the U.S. Constitution

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Publisher : University of Virginia Press
ISBN 13 : 081394743X
Total Pages : 348 pages
Book Rating : 4.8/5 (139 download)

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Book Synopsis From Independence to the U.S. Constitution by : Douglas Bradburn

Download or read book From Independence to the U.S. Constitution written by Douglas Bradburn and published by University of Virginia Press. This book was released on 2022-03-31 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: The "Critical Period" of American history—the years between the end of the American Revolution in 1783 and the ratification of the U.S. Constitution in 1789—was either the best of times or the worst of times. While some historians have celebrated the achievement of the Constitutional Convention, which, according to them, saved the Revolution, others have bemoaned that the Constitution’s framers destroyed the liberating tendencies of the Revolution, betrayed debtors, made a bargain with slavery, and handed the country over to the wealthy. This era—what John Fiske introduced in 1880 as America’s "Critical Period"—has rarely been separated from the U.S. Constitution and is therefore long overdue for a reevaluation on its own terms. How did the pre-Constitution, postindependence United States work? What were the possibilities, the tremendous opportunities for "future welfare or misery for mankind," in Fiske’s words, that were up for grabs in those years? The scholars in this volume pursue these questions in earnest, highlighting how the pivotal decade of the 1780s was critical or not, and for whom, in the newly independent United States. As the United States is experiencing another, ongoing crisis of governance, reexamining the various ways in which elites and common Americans alike imagined and constructed their new nation offers fresh insights into matters—from national identity and the place of slavery in a republic, to international commerce, to the very meaning of democracy—whose legacies reverberated through the nineteenth and twentieth centuries and into the present day. Contributors:Kevin Butterfield, Fred W. Smith National Library for the Study of George Washington at Mount Vernon * Hannah Farber, Columbia University * Johann N. Neem, Western Washington University * Dael A. Norwood, University of Delaware * Susan Gaunt Stearns, University of Mississippi * Nicholas P. Wood, Spring Hill College

The Royalist Revolution

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Publisher : Harvard University Press
ISBN 13 : 067473534X
Total Pages : 401 pages
Book Rating : 4.6/5 (747 download)

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Book Synopsis The Royalist Revolution by : Eric Nelson

Download or read book The Royalist Revolution written by Eric Nelson and published by Harvard University Press. This book was released on 2014-10-06 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the Society of the Cincinnati History Prize, Society of the Cincinnati in the State of New Jersey Finalist, George Washington Prize A Choice Outstanding Academic Title of 2015 Generations of students have been taught that the American Revolution was a revolt against royal tyranny. In this revisionist account, Eric Nelson argues that a great many of our “founding fathers” saw themselves as rebels against the British Parliament, not the Crown. The Royalist Revolution interprets the patriot campaign of the 1770s as an insurrection in favor of royal power—driven by the conviction that the Lords and Commons had usurped the just prerogatives of the monarch. “The Royalist Revolution is a thought-provoking book, and Nelson is to be commended for reviving discussion of the complex ideology of the American Revolution. He reminds us that there was a spectrum of opinion even among the most ardent patriots and a deep British influence on the political institutions of the new country.” —Andrew O’Shaughnessy, Wall Street Journal “A scrupulous archaeology of American revolutionary thought.” —Thomas Meaney, The Nation “A powerful double-barrelled challenge to historiographical orthodoxy.” —Colin Kidd, London Review of Books “[A] brilliant and provocative analysis of the American Revolution.” —John Brewer, New York Review of Books

Who Owns History?

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Publisher : Hill and Wang
ISBN 13 : 142992392X
Total Pages : 251 pages
Book Rating : 4.4/5 (299 download)

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Book Synopsis Who Owns History? by : Eric Foner

Download or read book Who Owns History? written by Eric Foner and published by Hill and Wang. This book was released on 2003-04-16 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: A thought-provoking new book from one of America's finest historians "History," wrote James Baldwin, "does not refer merely, or even principally, to the past. On the contrary, the great force of history comes from the fact that we carry it within us, are unconsciously controlled by it in many ways, and history is literally present in all that we do." Rarely has Baldwin's insight been more forcefully confirmed than during the past few decades. History has become a matter of public controversy, as Americans clash over such things as museum presentations, the flying of the Confederate flag, or reparations for slavery. So whose history is being written? Who owns it? In Who Owns History?, Eric Foner proposes his answer to these and other questions about the historian's relationship to the world of the past and future. He reconsiders his own earlier ideas and those of the pathbreaking Richard Hofstadter. He also examines international changes during the past two decades--globalization, the collapse of the Soviet Union, the end of apartheid in South Africa--and their effects on historical consciousness. He concludes with considerations of the enduring, but often misunderstood, legacies of slavery, the Civil War, and Reconstruction. This is a provocative, even controversial, study of the reasons we care about history--or should.

The Constitution of the United States of America

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Author :
Publisher : Government Printing Office
ISBN 13 : 9780160723797
Total Pages : 2632 pages
Book Rating : 4.7/5 (237 download)

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Book Synopsis The Constitution of the United States of America by : United States

Download or read book The Constitution of the United States of America written by United States and published by Government Printing Office. This book was released on 2004 with total page 2632 pages. Available in PDF, EPUB and Kindle. Book excerpt: Updated edition- Year 2014-- The Constitution of the United States of America, Analysis and Interpretation 2014 Supplement: Analysis of Cases Decided by the Supreme Court to July 1, 2014 is available here: https://bookstore.gpo.gov/products/sku/052-071-01574-4 Senate Document 108-17. 2004 revision. Published at the direction of the U.S. Senate for the first time in 1913, it is popularly known as the “Constitution Annotated” or "CONAN." This publication has been published as a bound edition every 10 years, with updates addressing new constitutional law cases issued every two years. The analysis is provided by the Congressional Research Service (CRS) in the Library of Congress. The print version is used primarily by federal lawmakers, libraries and law firms. Other related products: Constitution, Jefferson's Manual, and Rules of the House of Representatives of the United States, One Hundred Fourteenth Congress can be found here: https://bookstore.gpo.gov/products/sku/052-071-01572-8 Civics and Citizenship Toolkit can be found here: https://bookstore.gpo.gov/products/sku/027-002-00575-9 The Citizen's Almanac: Fundamental Documents, Symbols, and Anthems of the United States can be found here: https://bookstore.gpo.gov/products/sku/027-002-00606-2 How Our Laws Are Made, 2007 can be found here: https://bookstore.gpo.gov/products/sku/052-071-01465-9 Our Flag can be found here: https://bookstore.gpo.gov/products/sku/052-071-01446-2