Book [PDF] Compact Of The Republic The League Of States And The Constitution Download

Author: David Benner
Publisher:
ISBN: 9780692484265
Category :
Languages : en
Pages : 364

Book Description
The genesis of the United States Constitution was built upon centuries of tyranny inflicted by treacherous kings and highly centralized government. In many cases, this authority had to be challenged directly in order for liberty to thrive. As a result, the Constitution was born from a laborious and exhaustive understanding of the British experience that the founders lived under and observed. In Compact of the Republic, David Benner aims to prove that the Constitution did not impose a nationalist, powerful central government, and was not ratified by "one people." Instead, the Constitution was a multi-party compact set up by the states, where the states were the masters of their own creation. The states built the federal government, and did not intend for their creation to rule over them. Compact of the Republic promises to become the standard argument for the compact view of the union, and throws a wrench into the wheel of contemporary legal thought. In Compact of the Republic, historian David Benner: *Contends that representatives were made aware that power could be resumed by the states after acts of federal overreach and usurpation *Explores the historical foundation behind the Bill of Rights, and traces the limitations on government to malevolent actions of kings *Proves the Constitution acknowledges the states in the plural, as a collection of societies with varied interests *Reveals that the "elastic clauses" were clearly explained and leave no room for modern reinterpretation *Explains how the federal judiciary now overturns state laws that they have no discretion over, to the contrary of its original scope of power *Describes how Thomas Jefferson and James Madison believed that unconstitutional federal laws had to be opposed, nullified, and obstructed by the states *Illustrates that ratification was only secured by convincing opponents of the Constitution that the document would produce a weak general government with limited, enumerated powers

Author: David Benner
Publisher:
ISBN: 9781502491381
Category :
Languages : en
Pages : 388

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Book Description
The genesis of the United States Constitution was built upon centuries of tyranny inflicted by treacherous kings and highly centralized government. In many cases, this authority had to be challenged directly in order for liberty to thrive. As a result, the Constitution was born from a laborious and exhaustive understanding of the British experience that the founders lived under and observed. In Compact of the Republic, David Benner aims to prove that the Constitution did not impose a nationalist, powerful central government, and was not ratified by "one people." Instead, the Constitution was a multi-party compact set up by the states, where the states were the masters of their own creation. The states built the federal government, and did not intend for their creation to rule over them. Compact of the Republic promises to become the standard argument for the compact view of the union, and throws a wrench into the wheel of contemporary legal thought. In Compact of the Republic, historian David Benner: *Contends that representatives were made aware that power could be resumed by the states after acts of federal overreach and usurpation *Explores the historical foundation behind the Bill of Rights, and traces the limitations on government to malevolent actions of kings *Proves the Constitution acknowledges the states in the plural, as a collection of societies with varied interests *Reveals that the "elastic clauses" were clearly explained and leave no room for modern reinterpretation *Explains how the federal judiciary now overturns state laws that they have no discretion over, to the contrary of its original scope of power *Describes how Thomas Jefferson and James Madison believed that unconstitutional federal laws had to be opposed, nullified, and obstructed by the states *Illustrates that ratification was only secured by convincing opponents of the Constitution that the document would produce a weak general government with limited, enumerated powers

Author: Goodwin Liu
Publisher: Oxford University Press
ISBN: 0199752834
Category : Law
Languages : en
Pages : 274

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Book Description
Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.

Author:
Publisher: National Archives & Records Administration
ISBN:
Category : Political Science
Languages : en
Pages : 40

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Book Description
Reprint. Originally published : Washington, D.C. : National Archives Trust Fund Board, 1978.

Colonial Origins of the American Constitution PDF

Author: Donald S. Lutz
Publisher:
ISBN:
Category : History
Languages : en
Pages : 448

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Book Description
Presents 80 documents selected to reflect Eric Voegelin's theory that in Western civilization basic political symbolizations tend to be variants of the original symbolization of Judeo-Christian religious tradition. These documents demonstrate the continuity of symbols preceding the writing of the Constitution and all contain a number of basic symbols such as: a constitution as higher law, popular sovereignty, legislative supremacy, the deliberative process, and a virtuous people. Annotation copyrighted by Book News, Inc., Portland, OR

Author: Richard Beeman
Publisher: Random House Trade Paperbacks
ISBN: 0812976843
Category : History
Languages : en
Pages : 546

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Book Description
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."