Restoring the Lost Constitution: The Presumption of Liberty


Randy E. Barnett - 2003
    Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost.Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a presumption of liberty to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people.As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond.

America's Constitution: A Biography


Akhil Reed Amar - 2005
    Incisive, entertaining, and occasionally controversial, this “biography” of America’s framing document explains not only what the Constitution says but also why the Constitution says it. We all know this much: the Constitution is neither immutable nor perfect. Amar shows us how the story of this one relatively compact document reflects the story of America more generally. (For example, much of the Constitution, including the glorious-sounding “We the People,” was lifted from existing American legal texts, including early state constitutions.) In short, the Constitution was as much a product of its environment as it was a product of its individual creators’ inspired genius.Despite the Constitution’s flaws, its role in guiding our republic has been nothing short of amazing. Skillfully placing the document in the context of late-eighteenth-century American politics, America’s Constitution explains, for instance, whether there is anything in the Constitution that is unamendable; the reason America adopted an electoral college; why a president must be at least thirty-five years old; and why–for now, at least–only those citizens who were born under the American flag can become president. From his unique perspective, Amar also gives us unconventional wisdom about the Constitution and its significance throughout the nation’s history. For one thing, we see that the Constitution has been far more democratic than is conventionally understood. Even though the document was drafted by white landholders, a remarkably large number of citizens (by the standards of 1787) were allowed to vote up or down on it, and the document’s later amendments eventually extended the vote to virtually all Americans. We also learn that the Founders’ Constitution was far more slavocratic than many would acknowledge: the “three fifths” clause gave the South extra political clout for every slave it owned or acquired. As a result, slaveholding Virginians held the presidency all but four of the Republic’s first thirty-six years, and proslavery forces eventually came to dominate much of the federal government prior to Lincoln’s election.Ambitious, even-handed, eminently accessible, and often surprising, America’s Constitution is an indispensable work, bound to become a standard reference for any student of history and all citizens of the United States.

Original Meanings: Politics and Ideas in the Making of the Constitution


Jack N. Rakove - 1996
    From abortion to same-sex marriage, today's most urgent political debates will hinge on this two-part question: What did the United States Constitution originally mean and who now understands its meaning best? Rakove chronicles the Constitution from inception to ratification and, in doing so, traces its complex weave of ideology and interest, showing how this document has meant different things at different times to different groups of Americans.

The Anti-Federalist Papers and the Constitutional Convention Debates


Ralph Louis Ketcham - 1986
     Edited and introduced by Ralph Ketcham.

Separation of Church & State: What the Founders Meant


David Barton - 2007
    Where did this phrase originate? Was it always meant to prohibit expressions of religious faith in public settings as many claim today? Learn the answers to these questions and discover the Founding Fathers own words and intents in this book! With all these resources, you will be able to clearly understand the original intent of the Founding Fathers and be able to share those beliefs with others! This book is the accompaniment to the DVD/Video/CD/Cassette "The Foundations of American Government."

The U.S. Constitution: A Reader


Hillsdale College Politics Faculty - 2012
    Constitution: A Reader was developed for teaching the core course on the U.S. Constitution at Hillsdale College. Divided into eleven sections with introductions by members of Hillsdale's Politics Department faculty, readings cover the principles of the American founding; the framing and structure of the Constitution; the secession crisis and the Civil War; the Progressive rejection of the Constitution; and the building of the administrative state based on Progressive principles.

The Constitution: An Introduction


Michael Stokes Paulsen - 2015
    This vital document, along with its history of political and judicial interpretation, governs our individual lives and the life of our nation. Yet most of us know surprisingly little about the Constitution itself, and are woefully unprepared to think for ourselves about recent developments in its long and storied history.The Constitution: An Introduction is the definitive modern primer on the US Constitution. Michael Stokes Paulsen, one of the nation's most provocative and accomplished scholars of the Constitution, and his son Luke Paulsen, a gifted young writer and lay scholar, have combined to write a lively introduction to the supreme law of the United States, covering the Constitution's history and meaning in clear, accessible terms. Beginning with the Constitution's birth in 1787, Paulsen and Paulsen offer a grand tour of its provisions, principles, and interpretation, introducing readers to the characters and controversies that have shaped the Constitution in the 200-plus years since its creation. Along the way, the authors provide correctives to the shallow myths and partial truths that pervade so much popular treatment of the Constitution, from school textbooks to media accounts of today's controversies, and offer powerful insights into the Constitution's true meaning. A lucid and engaging guide, The Constitution: An Introduction provides readers with the tools to think critically and independently about constitutional issues -- a skill that is ever more essential to the continued flourishing of American democracy.

The Declaration of Independence and The Constitution of the United States


Founding Fathers - 1776
    Drafted by Thomas Jefferson, the Declaration set forth the terms of a new form of government with the following words: "We hold these Truths to be self-evident, that all men are created equal, that they are endowed with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness."Framed in 1787 and in effect since March 1789, the Constitution of the United States of America fulfilled the promise of the Declaration by establishing a republican form of government with separate executive, legislative, and judicial branches. The first ten amendments, known as the Bill of Rights, became part of the Constitution on December 15, 1791. Among the rights guaranteed by these amendments are freedom of speech, freedom of the press, freedom of religion, and the right to trial by jury. Written so that it could be adapted to endure for years to come, the Constitution has been amended only seventeen times since 1791 and has lasted longer than any other written form of government.

The Conscience of a Conservative


Barry M. Goldwater - 1960
    Written at the height of the Cold War and in the wake of America's greatest experiment with big government, the New Deal, Goldwater's message was not only remarkable, but radical. He argued for the value and importance of conservative principles--freedom, foremost among them--in contemporary political life. Using the principles he espoused in this concise but powerful book, Goldwater fundamentally altered the political landscape of his day--and ours.

We Still Hold These Truths: Rediscovering Our Principles, Reclaiming Our Future


Matthew Spalding - 2009
    Bennett, We Still Hold These Truths is an inspiring and enlightening look at ten core principles that define our national creed—and that we must reclaim in order to put our country back on track.

The Debate on the Constitution, Part 1: Federalist and Anti-Federalist Speeches, Articles, and Letters During the Struggle over Ratification: September 1787 to February 1788


Bernard BailynJoseph Barrell - 1993
    Instead of revising the Articles of Confederation, the framers had created a fundamentally new national plan that placed over the states a supreme government with broad powers. They proposed to submit it to conventions in each state, elected “by the People thereof,” for ratification.Immediately, a fierce storm of argument broke. Federalist supporters, Antifederalist opponents, and seekers of a middle ground strove to balance public order and personal liberty as they praised, condemned, challenged, and analyzed the new Constitution.Assembled here in chronological order are hundreds of newspaper articles, pamphlets, speeches, and private letters written or delivered in the aftermath of the Constitutional Convention. Along with familiar figures like Franklin, Madison, Patrick Henry, Jefferson, and Washington, scores of less famous citizens are represented, all speaking clearly and passionately about government. The most famous writings of the ratification struggle—the Federalist essays of Hamilton and Madison—are placed in their original context, alongside the arguments of able antagonists, such as “Brutus” and the “Federal Farmer.”Part One includes press polemics and private commentaries from September 1787 to January 1788. That autumn, powerful arguments were made against the new charter by Virginian George Mason and the still-unidentified “Federal Farmer,” while in New York newspapers, the Federalist essays initiated a brilliant defense. Dozens of speeches from the state ratifying conventions show how the “draft of a plan, nothing but a dead letter,” in Madison’s words, had “life and validity…breathed into it by the voice of the people.” Included are the conventions in Pennsylvania, where James Wilson confronted the democratic skepticism of those representing the western frontier, and in Massachusetts, where John Hancock and Samuel Adams forged a crucial compromise that saved the country from years of political convulsion.Informative notes, biographical profiles of all writers, speakers, and recipients, and a detailed chronology of relevant events from 1774 to 1804 provide fascinating background. A general index allows readers to follow specific topics, and an appendix includes the Declaration of Independence, the Articles of Confederation, and the Constitution (with all amendments).

The Brethren: Inside the Supreme Court


Bob Woodward - 1979
    The Brethren is the first detailed behind-the-scenes account of the Supreme Court in action.Bob Woodward and Scott Armstrong have pierced its secrecy to give us an unprecedented view of the Chief and Associate Justices—maneuvering, arguing, politicking, compromising, and making decisions that affect every major area of American life.

Ratification: The People Debate the Constitution, 1787-1788


Pauline Maier - 2010
    Elected conventions in at least nine of the thirteen states would have to ratify it before it could take effect. There was reason to doubt whether that would happen. The document we revere today as the foundation of our country’s laws, the cornerstone of our legal system, was hotly disputed at the time. Some Americans denounced the Constitution for threatening the liberty that Americans had won at great cost in the Revolutionary War. One group of fiercely patriotic opponents even burned the document in a raucous public demonstration on the Fourth of July.In this splendid new history, Pauline Maier tells the dramatic story of the yearlong battle over ratification that brought such famous founders as Washington, Hamilton, Madison, Jay, and Henry together with less well-known Americans who sometimes eloquently and always passionately expressed their hopes and fears for their new country. Men argued in taverns and coffeehouses; women joined the debate in their parlors; broadsides and newspaper stories advocated various points of view and excoriated others. In small towns and counties across the country people read the document carefully and knew it well. Americans seized the opportunity to play a role in shaping the new nation. Then the ratifying conventions chosen by "We the People" scrutinized and debated the Constitution clause by clause.Although many books have been written about the Constitutional Convention, this is the first major history of ratification. It draws on a vast new collection of documents and tells the story with masterful attention to detail in a dynamic narrative. Each state’s experience was different, and Maier gives each its due even as she focuses on the four critical states of Pennsylvania, Massachusetts, Virginia, and New York, whose approval of the Constitution was crucial to its success.The New Yorker Gilbert Livingston called his participation in the ratification convention the greatest transaction of his life. The hundreds of delegates to the ratifying conventions took their responsibility seriously, and their careful inspection of the Constitution can tell us much today about a document whose meaning continues to be subject to interpretation. Ratification is the story of the founding drama of our nation, superbly told in a history that transports readers back more than two centuries to reveal the convictions and aspirations on which our country was built.

The Dirty Dozen: How Twelve Supreme Court Cases Radically Expanded Government and Eroded Freedom


Robert A. Levy - 2008
    In The Dirty Dozen, two distinguished legal scholars shed light on the twelve worst cases, which allowed government to interfere in your private contractual agreements; curtail your right to criticize or support political candidates; arrest and imprison you indefinitely, without filing charges; seize your private property, without compensation, when someone uses the property for criminal activity-even if you don't know about it.

The Know Your Bill of Rights Book: Don't Lose Your Constitutional Rights--Learn Them!


Sean Patrick - 2012
    The eloquent style in which it’s written can be confusing. The language can cause misunderstandings. There’s a lot of legal terminology that’s beyond most of us. Without an understanding of the historical background of certain amendments, it’s impossible to fully understand their importance and scope. And to top it all off, there are countless politicians and pundits that try to interpret our rights for us and tell us what the Founders meant.But are you comfortable letting crooked politicians decide what your rights are? Or would you rather know and be able to insist on, with certainty, the freedoms our Founders intended for you, your family, your friends, and your fellow Americans? If you’re like millions of other Americans, you’ll choose the latter.Thomas Jefferson said, “Educate and inform the whole mass of the people…They are the only sure reliance for the preservation of our liberty.” He also said, “If a nation expects to be ignorant and free… it expects what never was and never will be.”That's why this book was created, and it would make the Founders proud if they were here today. This book helps you easily reach a deep understanding of the Bill of Rights by walking you through each amendment, clarifying the precise definitions of key words; providing the historical context you need to fully grasp and spirit and importance of the amendments; sharing powerfully insightful quotes on each amendment, straight from the Founders and their peers; supplying you with an extensive glossary of terms so you never get lost in a dictionary or encyclopedia trying to understand what you’re reading; and more.The Founders fought tirelessly to guarantee you specific rights to life, liberty, and the pursuit of happiness. Don’t let two-faced politicians and pundits tell you what your rights are. Scroll up and click the "Buy" button now to learn your rights, and together, we can keep the spirit of freedom alive in this great nation.