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Author: Andrew Shankman
Publisher: Oxford University Press, USA
ISBN: 9780199370139
Category : Constitutional history
Languages : en
Pages : 0
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Book Description
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
Author: Andrew Shankman
Publisher: Oxford University Press, USA
ISBN: 9780199370139
Category : Constitutional history
Languages : en
Pages : 0
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Book Description
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
Author: Joseph M. Lynch
Publisher: Cornell University Press
ISBN: 9780801472718
Category : History
Languages : en
Pages : 340
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Book Description
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.
Author: David Barton
Publisher: Wallbuilder Press
ISBN: 9781932225266
Category : Law
Languages : en
Pages : 548
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Book Description
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.
Author: Donald L. Drakeman
Publisher: Cambridge University Press
ISBN: 0521119189
Category : Law
Languages : en
Pages : 383
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Book Description
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.
Author: Leonard W. Levy
Publisher: Ivan R. Dee
ISBN: 1461730287
Category : History
Languages : en
Pages : 544
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Book Description
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.
Author: Wes Roberts
Publisher: NavPress Publishing Group
ISBN: 9781576834077
Category : Church
Languages : en
Pages : 0
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Book Description
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.
Author: C. H. Hoebeke
Publisher: Transaction Publishers
ISBN: 1412838770
Category : Political Science
Languages : en
Pages : 200
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Book Description
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.
Author: Harry V. Jaffa
Publisher: Regnery Publishing
ISBN:
Category : History
Languages : en
Pages : 440
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Book Description
A unique contribution to the debate over the original intentions of the Framers of the U.S. Constitutions.
Author: Walter Hildebrandt
Publisher: McGill-Queen's Press - MQUP
ISBN: 9780773515222
Category : History
Languages : en
Pages : 436
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Book Description
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.
Author: Donald L. Drakeman
Publisher: Cambridge University Press
ISBN: 1108485286
Category : History
Languages : en
Pages : 247
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Book Description
The first major scholarly defense of the centrality of the Framers' intentions in constitutional interpretation to appear in years.
