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The eighty-five famous essays by Hamilton, Madison, and Jay--known collectively as the Federalist Papers--comprise the lens through which we typically view the ideas behind the U.S. Constitution. But we are wrong to do so, writes David Brian Robertson, if we really want to know what the Founders were thinking. In this provocative new account of the framing of the Constitution, Robertson observes that the Federalist Papers represented only one side in a fierce argument that was settled by compromise--in fact, multiple compromises. Drawing on numerous primary sources, Robertson unravels the highly political dynamics that shaped the document. Hamilton and Madison, who hailed from two of the larger states, pursued an ambitious vision of a robust government with broad power. Leaders from smaller states envisioned only a few added powers, sufficient to correct the disastrous weakness of the Articles of Confederation, but not so strong as to threaten the governing systems within their own states. The two sides battled for three arduous months; the Constitution emerged piece by piece, the product of an evolving web of agreements. Robertson examines each contentious debate, including arguments over the balance between the federal government and the states, slavery, war and peace, and much more. In nearly every case, a fractious, piecemeal, and very political process prevailed. In this way, the convention produced a government of separate institutions, each with the will and ability to defend its independence. Majorities would rule, but the Constitution made it very difficult to assemble majorities large enough to let the government act. Brilliantly argued and deeply researched, this book will change the way we think of "original intent." With a bracing willingness to challenge old pieties, Robertson rescues the political realities that created the government we know today.
House Document 110-50. Presented by Mr. Brady of Pennsylvania. July 20, 2007. Printed pursuant to H. Con. Res. 139. Includes a historical note. 110th Congress, 1st Session. Item 1004-E. Other related products: The Constitution of the United States of America: Analysis and Interpretation, 2008 Supplement, Analysis of Cases Decided by the Supreme Court of the United States to June 26, 2008 can be found here: https://bookstore.gpo.gov/products/sku/052-071-01489-6 Constitution of the United States of America: Analysis and Interpretation, 2010 Supplement, Analysis of Cases Decided by the Supreme Court of the United States can be found here:https://bookstore.gpo.gov/products/sku/052-071-01543-4 The Constitution of the United States of America, Analysis and Interpretation, Centennial Edition, Analysis of Cases Decided by the Supreme Court of the United States to June 28, 2012 can be found here: https://bookstore.gpo.gov/products/sku/052-071-01561-2 The Constitution of the United States of America, Analysis and Interpretation 2014 Supplement: Analysis of Cases Decided by the Supreme Court to July 1, 2014 can be found here: https://bookstore.gpo.gov/products/sku/052-071-01574-4
Scores of talented and dedicated people serve the forensic science community, performing vitally important work. However, they are often constrained by lack of adequate resources, sound policies, and national support. It is clear that change and advancements, both systematic and scientific, are needed in a number of forensic science disciplines to ensure the reliability of work, establish enforceable standards, and promote best practices with consistent application. Strengthening Forensic Science in the United States: A Path Forward provides a detailed plan for addressing these needs and suggests the creation of a new government entity, the National Institute of Forensic Science, to establish and enforce standards within the forensic science community. The benefits of improving and regulating the forensic science disciplines are clear: assisting law enforcement officials, enhancing homeland security, and reducing the risk of wrongful conviction and exoneration. Strengthening Forensic Science in the United States gives a full account of what is needed to advance the forensic science disciplines, including upgrading of systems and organizational structures, better training, widespread adoption of uniform and enforceable best practices, and mandatory certification and accreditation programs. While this book provides an essential call-to-action for congress and policy makers, it also serves as a vital tool for law enforcement agencies, criminal prosecutors and attorneys, and forensic science educators.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
“We the People of the United States, in order to form a more perfect union . . . ” — The U.S Constitution The U.S. Constitution and Other Writings is a collection of the crucial documents, speeches, and other writings that shaped the United States. In addition to the Constitution, readers can review the Declaration of Independence, the Articles of Confederation, the Federalist Papers, important presidential speeches, and many others. Both famous and lesser-known, but equally important, Americans are represented, including Benjamin Franklin, Victoria Woodhull, Frederick Douglass, Susan B. Anthony, and even the creators of the rules of baseball. The founders' inspirational and revolutionary ideals are all here, and this is a perfect volume for anyone who finds the history of America to be a fascinating and enlightening journey.