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This book explores the Constitution and how it provides for individual American rights.
Reproduction of the original: The Right to Privacy by Samuel D. Warren, Louis D. Brandeis
With quiet eloquence, Lane Sunderland argues that we must reclaim the fundamental principles of the Constitution if we are to restore democratic government to its proper role in American life. For far too long, he contends, the popular will has been held in check by an overly powerful Supreme Court using non-constitutional principles to make policy and promote its own political agendas. His work shows why this has diminished American democracy and what we can do to revive it. Sunderland presents a strong, thoughtful challenge to the constitutional theories promoted by Ronald Dworkin, Archibald Cox, Richard Epstein, Michael Perry, John Hart Ely, Robert Bork, Philip Kurland, Laurence Tribe, Mark Tushnet, and Catharine MacKinnon—an enormously diverse group united by an apparent belief in judicial supremacy. Their theories, he demonstrates, undermine the democratic foundations of the Constitution and the power of the majority to resolve for itself important questions of justice. Central to this enterprise is Sunderland's reconsideration of The Federalist as the first, most reliable, and most profound commentary on the Constitution. "The Federalist," he states, "is crucial because it explains the underlying theory of the Constitution as a whole, a theory that gives meaning to its particular provisions." In addition, Sunderland reexamines the Declaration of Independence and the work of Hobbes, Locke, and Montesquieu, in order to better define the nature and limits of their influence on the Framers. His reading of these works in conjunction with The Federalist shows just how far afield contemporary commentators have strayed. Sunderland deliberately echoes and amplifies Madison's wisdom in Federalist No. 10 that the object of the Constitution is "to secure the public good and private rights . . . and at the same time to preserve the spirit and form of popular government." To attain that object, he persuasively argues, requires that the judiciary acknowledge and enforce the constitutional limitations upon its own powers. In an era loudly proclaiming the return of popular government, majority rule, and the "will of the people," that argument is especially relevant and appealing.
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.
The authors relate current arguments to traditional ideas of republicanism and democracy and compare them with those of our Revolution, Civil War, and civil rights and suffrage movements.
Tracing the history of government intrusions on Constitutional rights in response to threats from abroad, Cole and Dempsey warn that a society in which civil liberties are sacrificed in the name of national security is in fact less secure than one in which they are upheld. A new chapter includes a discussion of domestic spying, preventive detention, the many court challenges to post-9/11 abuses, implementation of the PATRIOT ACT, and efforts to reestablish the checks and balances left behind in the rush to strengthen governmental powers.

Civil Rights, 1957

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Constitutional Rights

Published: 1957

Total Pages: 1528


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The founders of our republic were determined to establish a government that protected the rights of the individual within a free society, a system that improved upon European designs. Newly independent, the Americans formed a government under the Articles of Confederation. As a loose confederation of states, however, the growing nation had a weak national voice and little international status. After only ten years under this system, the states recognized the need for more national power and drafted the U. S. Constitution.The goal, again, was to protect the individual's natural rights through the creation of an energetic national government. Thus the U. S. Constitution was written, with compromises, and submitted to the people for their ratification. After vigorous public debate, this document became the fundamental law of the land.The Constitution has endured with few additional amendments for more than two centuries - but not without continuing debate. In this newest contribution to the writings of constitutional scholars, papers address the President's war powers, the role of Congress in foreign policy, and other questions of interpreting the Constitution in the modern era. These current issues have at their core the same fundamental questions that animated debate during the Constitutional Convention in 1787: how best to protect society while guarding the rights of the individual, how best to give sufficient power to the executive while guarding against abuse of power. But even as we debate, we celebrate our Constitution, a document forged of ingrained American beliefs that our republic can be secured and the rights of the individual safeguarded. Vice Admiral J. A. Baldwin, United States Navy President, National Defense University
Gerber (government, College of William and Mary) argues that the US Constitution should be interpreted in light of the natural rights political philosophy of the Declaration of Independence and that the Supreme Court should be primarily responsible for identifying and applying that philosophy in American life. He reinterprets famous Supreme Court cases in light of his theory of liberal orginalism, and demonstrates the importance of approaching constitutional interpretation from more than one discipline. Annotation copyright by Book News, Inc., Portland, OR