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In America’s Constitution, one of this era’s most accomplished constitutional law scholars, Akhil Reed Amar, gives the first comprehensive account of one of the world’s great political texts. 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.
Reading between the lines: America's implicit Constitution -- Heeding the deed: America's enacted Constitution -- Hearing the people: America's lived Constitution -- Confronting modern case law: America's "warrented" Constitution -- Putting precedent in its place: America's doctrinal Constitution -- Honoring the icons: America's symbolic Constitution -- "Remembering the ladies" : America's feminist Constitution -- Following Washington's lead: America's "Georgian" Constitution -- Interpreting government practices: America's institutional Constitution -- Joining the party: America's partisan Constitution -- Doing the right thing: America's conscientious Constitution -- Envisioning the future: America's unfinished Constitution -- Afterward -- Appendix: America's written Constitution.
Americans hate and distrust their government. At the same time, Americans love and trust their government. These contradictory attitudes are resolved by Fletcher's novel interpretation of constitutional history. He argues that we have two constitutions--still living side by side--one that caters to freedom and fear, the other that satisfied our needs for security and social justice. The first constitution came into force in 1789. It stresses freedom, voluntary association, and republican elitism. The second constitution begins with the Gettysburg Address and emphasizes equality, organic nationhood, and popular democracy. These radical differences between our two constitutions explain our ambivalence and self-contradictory attitudes toward government. With September 11 the second constitution--which Fletcher calls the Secret Constitution--has become ascendant. When America is under threat, the nation cultivates its solidarity. It overcomes its fear and looks to government for protection and the pursuit of social justice. Lincoln's messages of a strong government and a nation that must "long endure" have never been more relevant to American politics. "Fletcher's argument has intriguing implications beyond the sweeping subject of this profoundly thought-provoking book."--The Denver Post
Rule of law and constitutionalist ideals are understood by many, if not most, as necessary to create a just political order. Defying the traditional division between normative and positive theoretical approaches, this book explores how political reality on the one hand, and constitutional ideals on the other, mutually inform and influence each other. Seventeen chapters from leading international scholars cover a diverse range of topics and case studies to test the hypothesis that the best normative theories, including those regarding the role of constitutions, constitutionalism and the rule of law, conceive of the ideal and the real as mutually regulating.
Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.
For the last twenty years this book has been cited by every serious writer on early American constitutional development. Any constitutional history of the independent United States must begin with this comprehensive study. Professor Adams combines a European perspective and a thorough knowledge of the antecedents of 1787 to create an insightful analysis of the replacement by the revolutionary generation of one government by another by—they thought—'constitutional' means. Acting for 'the people' in 11 of the 13 rebelling states, various kinds of self-empowered committees, 'congresses,' or 'conventions' created new constitutions and a system in which the states dominated over the weaker Confederation government. This volume contains two new chapters: one demonstrating precedents in the state constitutions for the U.S. Constitution, and another chapter critically testing the 'republicanism over liberalism' thesis against political ideas and institutional arrangements that constitute the first state constitutions. The bibliography has been updated to include the rich body of work written during the last two decades, much of it indebted to this pioneering study.
History comes alive in this illustrated guide to the Constitution and all 27 Amendments. The Constitution has been in the news a lot recently. But most of us could probably use a refresher on this founding document of America--you can probably name the first and second amendments, but what about the 11th, or the 22nd? And what does all of that formal political language actually mean for us today? The U.S. Constitution for Everyone answers these questions and more, like: - How does impeachment work, anyway? - How long is a Senator's term? - What is covered by "freedom of speech"? - What are "emoluments"? - How exactly does a bill become a law? This book makes understanding your rights easy with clear explanations of the complete text of the U.S. Constitution, as well as all 27 Amendments, alongside fascinating historical facts and explanations. A must-read for students, curious citzens, and everyone who'd like to know more about the supreme laws of our nation.
In this provocative book, one of our most eminent political scientists questions the extent to which the American Constitution furthers democratic goals. Robert Dahl reveals the Constitution's potentially antidemocratic elements and explains why they are there, compares the American constitutional system to other democratic systems, and explores how we might alter our political system to achieve greater equality among citizens. In a new chapter for this second edition, he shows how increasing differences in state populations revealed by the Census of 2000 have further increased the veto power over constitutional amendments held by a tiny minority of Americans. He then explores the prospects for changing some important political practices that are not prescribed by the written Constitution, though most Americans may assume them to be so.
William Eskridge and John Ferejohn propose an original theory of constitutional law whereby, while the Constitution provides a vision, our democracy advances by means of statutes that supplement or even supplant the written Constitution.
Readers will see the entire text of the Constitution, the Bill of Rights and the Declaration of Independence and much more with interesting insights into the men who wrote the Constitution, how it was created, and how the Supreme Court has interpreted the Constitution.