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Now in a fully updated edition, this invaluable reference work is a fundamental resource for scholars, students, conservationists, and citizens interested in America's national park system. The extensive collection of documents illustrates the system's creation, development, and management. The documents include laws that established and shaped the system; policy statements on park management; Park Service self-evaluations; and outside studies by a range of scientists, conservation organizations, private groups, and businesses. A new appendix includes summaries of pivotal court cases that have further interpreted the Park Service mission.
This book brings together for the first time in a single volume the four primary documents that, since 1878, have formed a type of "preamble" to the revised United States Code: the Declaration of Independence, the Articles of Confederation, the Northwest Ordinance, and the Constitution.
The still-unfolding story of America’s Constitution is a history of heroes and villains—the flawed visionaries who inspired and crafted liberty’s safeguards, and the shortsighted opportunists who defied them. Those stories are known by few today. In Our Lost Constitution, Senator Mike Lee tells the dramatic, little-known stories behind six of the Constitution’s most indispensible provisions. He shows their rise. He shows their fall. And he makes vividly clear how nearly every abuse of federal power today is rooted in neglect of this Lost Constitution. For example: • The Origination Clause says that all bills to raise taxes must originate in the House of Representatives, but contempt for the clause ensured the passage of Obamacare. • The Fourth Amendment protects us against unreasonable searches and seizures, but the NSA now collects our private data without a warrant. • The Legislative Powers Clause means that only Congress can pass laws, but unelected agencies now produce ninety-nine out of every one hundred pages of legal rules imposed on the American people. Lee’s cast of characters includes a former Ku Klux Klansman, who hijacked the Establishment Clause to strangle Catholic schools; the Chief Justice of the Supreme Court, who called the Second Amendment a fraud; and the revered president who began his first of four terms by threating to shatter the balance of power between Congress and the president, and who began his second term by vowing to do the same to the Supreme Court. Fortunately, the Constitution has always had its defenders. Senator Lee tells the story of how Andrew Jackson, noted for his courage in duels and politics, stood firm against the unconstitutional expansion of federal powers. He brings to life Ben Franklin’s genius for compromise at a deeply divided constitutional convention. And he tells how in 2008, a couple of unlikely challengers persuaded the Supreme Court to rediscover the Second Amendment’s right to keep and bear arms. Sections of the Constitution may have been forgotten, but it’s not too late to bring them back—if only we remember why we once demanded them and how we later lost them. Drawing on his experience working in all three branches of government, Senator Lee makes a bold case for resurrecting the Lost Constitution to restore and defend our fundamental liberties.
The fundamental, inalienable rights and privileges set forth in the Bill of Rights represent the very foundations of American liberty. The Complete Bill of Rights is a documentary record of the process by which these rights and privileges were defined and recorded as law. Now in its second edition, The Complete Bill of Rights contains double the content featured in the first edition. This new edition includes all the background texts for the origins and debate of the ratification of the Bill of Rights and presents them clause by clause in a complete, accurate, and accessible format. Arranged in chronological order, the work presents each clause in its finished form, and traces its development from its proposal through drafting through adoption. Cogan presents every draft of the text and every documentary source, including state convention proposals, state, colonial, and English constitutional texts, sources in caselaw and treatises, and State and Colonial statutory and decisional law. He includes data from diaries and correspondence, pamphlets and newspapers, as well as the Congressional and State debates, including the correspondence of George Washington, Thomas Jefferson, James Madison, and John Adams among many others who debated the issues that the Supreme Court considers law today. The book also contains each version of the drafts from the manuscript collections of the National Archives and Library of Congress. The result is the most detailed and useful record of the debate over the Bill of Rights available. This first new edition since 1997 substantially expands on the previous edition, providing the same invaluable texts for two fundamental protections of liberty found in the Constitution of 1789 (though not in the Bill of Rights): the protections under habeas corpus and the privileges and immunities clauses. Each chapter expands the background discussion of rights, and provides pertinent texts in contemporary legal dictionaries to meet the increasing interest of federal and state courts in additional sources for interpretation. The second edition also provides a chapter-by-chapter discussion of rights by treatise and abridgement writers in addition to Blackstone. Finally, all margin notes and footnotes in the dictionaries and treatises are included, so the reader has access to the totality of the original statues and case law upon which the drafters relied. The Complete Bill of Rights is the only comprehensive collection of texts essential to understanding the Bill of Rights. Organized in an accessible and practical manner, it is an invaluable tool for law students, judges, lawyers, and law clerks, as well as scholars of the law, history, and political science.
When the first Supreme Court convened in 1790, it was so ill-esteemed that its justices frequently resigned in favor of other pursuits. John Rutledge stepped down as Associate Justice to become a state judge in South Carolina; John Jay resigned as Chief Justice to run for Governor of New York; and Alexander Hamilton declined to replace Jay, pursuing a private law practice instead. As Bernard Schwartz shows in this landmark history, the Supreme Court has indeed travelled a long and interesting journey to its current preeminent place in American life. In A History of the Supreme Court, Schwartz provides the finest, most comprehensive one-volume narrative ever published of our highest court. With impeccable scholarship and a clear, engaging style, he tells the story of the justices and their jurisprudence--and the influence the Court has had on American politics and society. With a keen ability to explain complex legal issues for the nonspecialist, he takes us through both the great and the undistinguished Courts of our nation's history. He provides insight into our foremost justices, such as John Marshall (who established judicial review in Marbury v. Madison, an outstanding display of political calculation as well as fine jurisprudence), Roger Taney (whose legacy has been overshadowed by Dred Scott v. Sanford), Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, and others. He draws on evidence such as personal letters and interviews to show how the court has worked, weaving narrative details into deft discussions of the developments in constitutional law. Schwartz also examines the operations of the court: until 1935, it met in a small room under the Senate--so cramped that the judges had to put on their robes in full view of the spectators. But when the new building was finally opened, one justice called it "almost bombastically pretentious," and another asked, "What are we supposed to do, ride in on nine elephants?" He includes fascinating asides, on the debate in the first Court, for instance, over the use of English-style wigs and gowns (the decision: gowns, no wigs); and on the day Oliver Wendell Holmes announced his resignation--the same day that Earl Warren, as a California District Attorney, argued his first case before the Court. The author brings the story right up to the present day, offering balanced analyses of the pivotal Warren Court and the Rehnquist Court through 1992 (including, of course, the arrival of Clarence Thomas). In addition, he includes four special chapters on watershed cases: Dred Scott v. Sanford, Lochner v. New York, Brown v. Board of Education, and Roe v. Wade. Schwartz not only analyzes the impact of each of these epoch-making cases, he takes us behind the scenes, drawing on all available evidence to show how the justices debated the cases and how they settled on their opinions. Bernard Schwartz is one of the most highly regarded scholars of the Supreme Court, author of dozens of books on the law, and winner of the American Bar Association's Silver Gavel Award. In this remarkable account, he provides the definitive one-volume account of our nation's highest court.
This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.