The Bill of Rights, the Courts & the Law


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Williams School of Law. Melvin Urofsky, Virginia Commonwealth University Doctoral Program in Public PolicyDistributed for the Virginia Foundation for the Humanities and Public Policy




The Bill of Rights


Book Description

With a foreword by Justice Ruth Bader Ginsburg of the U.S. Supreme Court. An Engaging, Accessible Guide to the Bill of Rights for Everyday Citizens. In The Bill of Rights: A User's Guide, award-winning author and constitutional scholar Linda R. Monk explores the remarkable history of the Bill of Rights amendment by amendment, the Supreme Court's interpretation of each right, and the power of citizens to enforce those rights. Stories of the ordinary people who made the Bill of Rights come alive are featured throughout. These include Fannie Lou Hamer, a Mississippi sharecropper who became a national civil rights leader; Clarence Earl Gideon, a prisoner whose handwritten petition to the Supreme Court expanded the right to counsel; Mary Beth Tinker, a 13-year-old whose protest of the Vietnam War established free speech rights for students; Michael Hardwick, a bartender who fought for privacy after police entered his bedroom unlawfully; Suzette Kelo, a nurse who opposed the city's takeover of her working-class neighborhood; and Simon Tam, a millennial whose 10-year trademark battle for his band "The Slants" ended in a unanimous Supreme Court victory. Such people prove that, in the words of Judge Learned Hand, "Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court, can save it." Exploring the history, scope, and meaning of the first ten amendments-as well as the Fourteenth Amendment, which nationalized them and extended new rights of equality to all-The Bill of Rights: A User's Guide is a powerful examination of the values that define American life and the tools that every citizen needs.




Justice Rehnquist, the Supreme Court, and the Bill of Rights


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The Bill of Rights and Civil War Amendments created a triangular power struggle among state, nation and individual. Using chronological court cases, this book examines how the Supreme Court became arbiter among the three claimants to power, sometimes backtracking and sometimes taking a bold leap forward. Focusing on Justice Rehnquist’s lengthy term on the Supreme Court, Steven T. Seitz examines the growth and emphasis of individual sovereignty throughout the twentieth century. Highlighting some of the dispositional problems with Rehnquist decisions, the book uses the sustainable case law standard instead of applauding either conservative or liberal point of view which provides new vantage points on topics like equal protection of women, due process in several arenas, contracts, free speech, sex, and guns.




How Rights Went Wrong


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An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.




The Bill of Rights


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Bills of Rights and Decolonization


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"It presents an alternative perspective on the end of Empire by focusing upon one aspect of constitutional decolonization and the importance of the local legal culture in determining each dependency's constitutional settlement, and provides a series of empirical case studies on the incorporation of human rights instruments into domestic constitutions when negotiated between a state and its dependencies. More generally this book highlights Britain's human rights legacy to its former Empire."--BOOK JACKET.




The Bill of Rights


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The Bill of Rights. The Amendments, 1-10, Over 250 Supreme Court cases. Essays on The Issues: Academic Freedom, Freedom of Assembly & association, Automobile searches, Bad tendency test, Bail, Right to birth control, Blasphemy, Capital punishment, Censorship, Chilling effect, Civil rights and liberties, Clear and present danger test, Commerce clause, Commercial speech, Comstock Act, Conscientious objection, Freedom of contract, Right to counsel, Cruel and unusual punishment, Double jeopardy, Procedural due process, Substantive due process, Elastic clause, Espionage Acts, Exclusionary rule, First Amendment absolutism, balancing, & speech tests, Flag desecration, Gag order, Gay & lesbian rights, Grand jury, Hatch Act, Hate crimes, Hicklin rule, Indian Bill of Rights, Indigent criminal defendants, Japanese American relocation, Judicial scrutiny, Trial by jury, Libel, Loyalty oaths, Miranda rights, Miscegenation laws, Natural law, Newsroom searches, Nuremberg Files, Obscenity & pornography, Right of petition, Preferred freedoms doctrine, Presumption of innocence, Preventive detention, Prior restraint, Right of privacy, Privileges & immunities, Probable cause, Property rights, Public forum doctrine, Public use doctrine, Released time, Establishment of religion, Freedom of religion, School prayer, Search & seizue, Search warrent requirement, Sedition Act of 1798, Seditious libel, Immunity against self-incrimination, Silver platter doctrine, Smith Act, Freedom of speech & press, Speedy trial, States' rights, Stop & frisk rule, Symbolic speech, Takings clause, Time, place & manner regulations, Unprotected speech, Confrontation of witnesses, and Zoning.




The Right to Privacy


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Reproduction of the original: The Right to Privacy by Samuel D. Warren, Louis D. Brandeis




Our Rights


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"This boxed set contains classroom resources to help America's educators teach about the most important documents in U.S. history"--Box




The Bill of Rights


Book Description

“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).