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Origins probes the intentions of the framers of the Fifth Amendment.
Undisputed as the most important synthetic work on the Twenty-Fifth Amendment, this revised edition provides the latest in legal thought regarding presidential succession. This new edition of The Twenty-Fifth Amendment: Its Complete History and Applications updates John Feerick's landmark study with the Amendment's uses in the past twenty years and how those uses (along with new legal scholarship) have changed the Amendment and perceptions of presidential disability in general. In its formulation, the Twenty-fifth Amendment was criticized as vague and undemocratic, but it has made possible swift and orderly successions to the highest offices in the U.S. government during some of the most extraordinary events in American history. The extent of its authority has been tested over the years: During the Watergate crisis, it was proposed that the Amendment might afford a means by which a president could transfer presidential power during an impeachment proceeding, and it was also suggested that the Amendment could authorize a vice president and cabinet to suspend a president during a Senate impeachment trial. Where once presidential disability was stigmatized, today a president under general anesthesia cedes presidential authority for the length of the procedure with little controversy. The Twenty-fifth Amendment is evolving rapidly, and this book is an invaluable guide for legal scholars, government decision makers, historians, political scientists, teachers, and students studying the nation's highest offices.
The Fifth Amendment packs a lot of rights into one paragraph; Grand Juries, double jeopardy, self-incrimination, right to due process and forfeiture of private property are all covered. We, as the public, are probably most aware of "Taking the Fifth" beloved of politicians and arch criminals alike. The idea of a person having the right not to be a witness against themselves has a very long history starting with Judaic law. That history is traced here traversing the Middle Ages and oath taking, the Inquisition, church courts and double jeopardy, the contest between common law and ecclesiastical courts, the use and abuse of self-incrimination in Tudor and Jacobean England and, finally, its interpretation in colonial America. All of this history and law informed James Madison when he drafted the Fifth Amendment, and Robert McWhirter here recounts that long arc and its influence. This lively account is written for the interested citizen, as well as the civics student, and there are surprising, and interesting, discursions into the way the events and personalities surrounding the Fifth Amendment have appeared in literature, film, sports and popular culture. The book is part of a collection chronicling the origins, history, and interpretation, of the first ten Amendments to the Constitution - the Bill of Rights.
Levy, this history of the privilege shows that it played a limited role in protecting criminal defendants before the nineteenth century.
Mindful of the English background and of constitutional developments in the several states, Orth in a succinct and readable narrative traces the history of due process, from its origins in medieval England to its applications in the latest cases. Departing from the usual approach to American constitutional law, Orth places the history of due process in the larger context of the common law. To a degree not always appreciated today, constitutional law advances in the same case-by-case manner as other legal rules. In that light, Orth concentrates on the general maxims or paradigms that guided the judges in their decisions of specific cases. Uncovering the links between one case and another, Orth describes how a commitment to fair procedures made way for an emphasis on the protection of property rights, which in turn led to a heightened sensitivity to individual rights in general.
Continues the author's "From failing hands."
A history of the origins of the Bill of Rights. Leonard W. Levy offers a panoramic view of the liberties secured by the first ten amendments of the Constitution and illuminates the behind-the-scenes manoeuvrings, public rhetoric and political motivations of James Madison and others.