Misreading the Bill of Rights

Misreading the Bill of Rights
Author: Kirby Goidel
Publisher: Bloomsbury Publishing USA
Total Pages: 329
Release: 2015-03-30
Genre: Political Science
ISBN:

The Bill of Rights—the first 10 amendments to the U.S. Constitution—are widely misunderstood by many Americans. This book explores the widely held myths about the Bill of Rights, how these myths originated, why they have persisted, and the implications for contemporary politics and policy. Interestingly, most Americans today—even professional political commentators—misinterpret or misunderstand what the Bill of Rights' intended meaning and purposes were. Culturally ingrained myths about the Bill of Rights have helped to define what it means to be an "American" but also limited the range of political debate and justified unfair and unequal treatment of minorities. This book addresses the top ten myths regarding the Bill of Rights from the standpoint of public understanding (and misunderstanding) from a non-partisan, objective point of view, provoking independent thought and enabling readers to reach their own educated conclusions and opinions. Written by two experts in the fields of political science, public policy, media law, and civil liberties, the work explores the key role of modern news and entertainment media in contributing to public misunderstanding of individual rights and liberties. The authors also apply and interpret data from public opinion surveys to further examine public beliefs about the Bill of Rights and closely connect the analysis of misperceptions to existing political beliefs.

The Bill of Rights

The Bill of Rights
Author: Carol Berkin
Publisher: Simon and Schuster
Total Pages: 272
Release: 2015-05-05
Genre: History
ISBN: 1476743819

“Narrative, celebratory history at its purest” (Publishers Weekly)—the real story of how the Bill of Rights came to be: a vivid account of political strategy, big egos, and the partisan interests that set the terms of the ongoing contest between the federal government and the states. Those who argue that the Bill of Rights reflects the founding fathers’ “original intent” are wrong. The Bill of Rights was actually a brilliant political act executed by James Madison to preserve the Constitution, the federal government, and the latter’s authority over the states. In the skilled hands of award-winning historian Carol Berkin, the story of the founders’ fight over the Bill of Rights comes alive in a drama full of partisanship, clashing egos, and cunning manipulation. In 1789, the nation faced a great divide around a question still unanswered today: should broad power and authority reside in the federal government or should it reside in state governments? The Bill of Rights, from protecting religious freedom to the people’s right to bear arms, was a political ploy first and a matter of principle second. The truth of how and why Madison came to devise this plan, the debates it caused in the Congress, and its ultimate success is more engrossing than any of the myths that shroud our national beginnings. The debate over the Bill of Rights still continues through many Supreme Court decisions. By pulling back the curtain on the short-sighted and self-interested intentions of the founding fathers, Berkin reveals the anxiety many felt that the new federal government might not survive—and shows that the true “original intent” of the Bill of Rights was simply to oppose the Antifederalists who hoped to diminish the government’s powers. This book is “a highly readable American history lesson that provides a deeper understanding of the Bill of Rights, the fears that generated it, and the miracle of the amendments” (Kirkus Reviews).

The Bill of Rights: It Can't Be Wrong!

The Bill of Rights: It Can't Be Wrong!
Author: Carole Marsh
Publisher: Gallopade International
Total Pages: 32
Release: 2011-03-01
Genre: Juvenile Nonfiction
ISBN: 0635081415

The 22-book American Milestone series is featured as "Retailers Recommended Fabulous Products" in the August 2012 edition of Educational Dealer magazine. As the first tulips sprung from the ground in March of 1789, the First congress of the United States assembled and began to realize a set of Amendments to the Constitution. In this book, kids will sweat through another summer-powdered wigs as they watch the delegates practice their art of cooperative statesmanship and compromise. They'll be there in September as Congress proposes their Amendments to the states. Two years later, in mid-December, kids will hip-hip-hooray with joy when the States give all U.S. citizens an early Christmas present - as they ratify the Bill of Rights. This educational book includes: A Timeline of Events Why the Bill of Rights? The Amendment Process The Preamble to the Bill of Rights The First through Tenth Amendments Bill of Rights Trivia Glossary And much more! This fun-fill activity book includes: Answer the Questions Matching Unscramble the Code True or False Questions Fill in the Blanks And much more!

The Bill of Rights Primer

The Bill of Rights Primer
Author: Akhil Reed Amar
Publisher: Skyhorse
Total Pages: 293
Release: 2013-07-01
Genre: Political Science
ISBN: 1628733985

Many Americans reference the Bill of Rights, a document that represents many of the freedoms that define the United States. Who doesn’t know about the First Amendment’s freedom of religion or Second Amendment’s right to bear arms? In this pocket-sized volume, Akhil Reed Amar and Les Adams offer a wealth of knowledge about the Bill of Rights that goes beyond a basic understanding. The Bill of Rights Primer is an authoritative guide to all American freedoms. Uncluttered and well-organized, this text is perfect for those who want to study up on the Bill of Rights without needing a law degree to do so. This elementary guidebook presents a short historical survey of the people, events, decrees, legislation, writings, and cultural milestones, in England and the American colonies, that influenced the Founding Fathers as they drafted the U.S. Constitution and Bill of Rights. With helpful comments and fun facts in the margins, the book will provide a deeper understanding of the Bill of Rights, exhibiting that it is not a stagnant document but one with an evolving meaning shaped by historical events, such as the American Civil War and Reconstruction.

Looking for Rights in All the Wrong Places

Looking for Rights in All the Wrong Places
Author: Emily Zackin
Publisher: Princeton University Press
Total Pages: 250
Release: 2013-04-21
Genre: Law
ISBN: 069115578X

Unlike many national constitutions, which contain explicit positive rights to such things as education, a living wage, and a healthful environment, the U.S. Bill of Rights appears to contain only a long list of prohibitions on government. American constitutional rights, we are often told, protect people only from an overbearing government, but give no explicit guarantees of governmental help. Looking for Rights in All the Wrong Places argues that we have fundamentally misunderstood the American rights tradition. The United States actually has a long history of enshrining positive rights in its constitutional law, but these rights have been overlooked simply because they are not in the federal Constitution. Emily Zackin shows how they instead have been included in America's state constitutions, in large part because state governments, not the federal government, have long been primarily responsible for crafting American social policy. Although state constitutions, seemingly mired in trivial detail, can look like pale imitations of their federal counterpart, they have been sites of serious debate, reflect national concerns, and enshrine choices about fundamental values. Zackin looks in depth at the history of education, labor, and environmental reform, explaining why America's activists targeted state constitutions in their struggles for government protection from the hazards of life under capitalism. Shedding much-needed light on the variety of reasons that activists pursued the creation of new state-level rights, Looking for Rights in All the Wrong Places challenges us to rethink our most basic assumptions about the American constitutional tradition.

Freedom's Law

Freedom's Law
Author: Ronald Dworkin
Publisher: OUP Oxford
Total Pages: 438
Release: 1999
Genre: Law
ISBN: 0198265573

Dworkin's important book is a collection of essays which discuss almost all of the great constitutional issues of the last two decades, including abortion, euthanasia, capital punishment, homosexuality, pornography, and free speech. Dworkin offers a consistently liberal view of the Constitution and argues that fidelity to it and to law demands that judges make moral judgments. He proposes that we all interpret the abstract language of the Constitution by reference to moral principles about political decency and justice. His 'moral reading' therefore brings political morality into the heart of constitutional law. The various chapters of this book were first published separately; now drawn together they provide the reader with a rich, full-length treatment of Dworkin's general theory of law.

Misreading the Bill of Rights

Misreading the Bill of Rights
Author: Kirby Goidel
Publisher: Praeger
Total Pages: 0
Release: 2015-03-30
Genre: Political Science
ISBN: 1440832331

What if the Bill of Rights had never been added to the U.S. Constitution?

The Second Founding

The Second Founding
Author: Ilan Wurman
Publisher: Cambridge University Press
Total Pages: 199
Release: 2020-11-12
Genre: History
ISBN: 1108843158

In The Second Founding: An Introduction to the Fourteenth Amendment, Ilan Wurman provides an illuminating introduction to the original meaning of the Fourteenth Amendment's famous provisions 'due process of law,' 'equal protection of the laws,' and the 'privileges' or 'immunities' of citizenship. He begins by exploring the antebellum legal meanings of these concepts, starting from Magna Carta, the Statutes of Edward III, and the Petition of Right to William Blackstone and antebellum state court cases. The book then traces how these concepts solved historical problems confronting framers of the Fourteenth Amendment, including the comity rights of free blacks, private violence and the denial of the protection of the laws, and the notorious abridgment of freedmen's rights in the Black Codes. Wurman makes a compelling case that, if the modern originalist Supreme Court interpreted the Amendment in 'the language of the law,' it would lead to surprising and desirable results today.

Is There a Right to Remain Silent?

Is There a Right to Remain Silent?
Author: Alan M. Dershowitz
Publisher: Oxford University Press
Total Pages: 233
Release: 2008-05-06
Genre: Law
ISBN: 0195307798

Renowned legal scholar and bestselling author Dershowitz reveals precisely why Fifth Amendment rights matter, and discusses how they are being reshaped, limited, and in some cases revoked in the wake of 9/11.

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.