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If the original Constitution formed a system of law with a limited central government, then how did the United States get so offtrack? That's the argument presented by David Loy Mauch, who claims that the government originally established by the United States' founding fathers isn't what we have now. And in his bookThis Constitution...shall be the supreme Law of the Land, Mauch contends that events during and after the Civil War led to the false interpretation of US law still at work today—that the federal government trumps state rights. This provocative educational guide looks back to before the Constitution was signed, giving a history of how America's two-party system came to be, and goes on to propose that the Civil War was actually an illegal war fought against the thirteen southern states inaugurated by Abraham Lincoln, a president with Socialist/Communist sympathies. While historical, Mauch's book also sheds light on events shaping current political discourse, outlining how the Constitution remains distorted and suggesting what we can do as a nation to get it back on track. Rediscover the original law documents that formed our great nation, and reclaim the America our forefathers imagined.
The law of nations and the Constitution -- The law merchant and the Constitution -- The law of state-state relations and the Constitution -- The law of state-state relations in federal courts -- The law maritime and the Constitution -- Modern customary international law -- The inadequacy of existing theories of customary -- Judicial enforcement of customary international law against foreign nations -- Judicial enforcement of customary international law against the United States -- Judicial enforcement of customary international law against U.S. states
A landmark work of more than one hundred scholars, The Heritage Guide to the Constitution is a unique line-by-line analysis explaining every clause of America's founding charter and its contemporary meaning. In this fully revised second edition, leading scholars in law, history, and public policy offer more than two hundred updated and incisive essays on every clause of the Constitution. From the stirring words of the Preamble to the Twenty-seventh Amendment, you will gain new insights into the ideas that made America, important debates that continue from our Founding, and the Constitution's true meaning for our nation
Little by little, the freedoms envisioned by our Founding Fathers and those who struggled for independence are being stripped away. The best guarantee that America's constitutional liberties will continue to be protected is to ensure that all citizens, and especially our children, clearly understand both what those freedoms are and who it is that gave them to us in the first place. This book explains: · The biblical basis upon which America was founded · The influence of Sir William Blackstone and English common law on America’s legal system · The miracle that happened at the Constitutional Convention · The U.S. Constitution, including all the amendments, as well as several popular amendments that failed to be ratified · The methods that have been used to vastly expand the federal government’s power since the Constitution’s drafting. It also examines why John Adams, the second President of the United States, would write what he did in 1798, "Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other." The book is a response to the challenge from one of our nation’s great modern presidents, President Ronald Reagan, issued on October 27, 1964: "You and I have a rendezvous with destiny. We will preserve for our children this, the last best hope of man on earth, or we will sentence them to take the first step into a thousand years of darkness. If we fail, at least let our children and our children's children say of us we justified our brief moment here. We did all that could be done." Don’t miss the companion Study Guide for Understanding the Constitution. Available at: www.NCLL.org
WHY WAS THE CONSTITUTION NECESSARY?--WHAT KIND OF GOVERNMENT DID THE CONSTITUTION CREATE?--HOW IS THE CONSTITUTION INTERPRETED?
From Kennebunkport to Kauai, from the Rio Grande to the Northern Rockies, ours is a vast republic. While we may be united under one Constitution, separate and distinct states remain, each with its own constitution and culture. Geographic idiosyncrasies add more than just local character. Regional understandings of law and justice have shaped and reshaped our nation throughout history. America’s Constitution, our founding and unifying document, looks slightly different in California than it does in Kansas. In The Law of the Land, renowned legal scholar Akhil Reed Amar illustrates how geography, federalism, and regionalism have influenced some of the biggest questions in American constitutional law. Writing about Illinois, “the land of Lincoln,” Amar shows how our sixteenth president’s ideas about secession were influenced by his Midwestern upbringing and outlook. All of today’s Supreme Court justices, Amar notes, learned their law in the Northeast, and New Yorkers of various sorts dominate the judiciary as never before. The curious Bush v. Gore decision, Amar insists, must be assessed with careful attention to Florida law and the Florida Constitution. The second amendment appears in a particularly interesting light, he argues, when viewed from the perspective of Rocky Mountain cowboys and cowgirls. Propelled by Amar’s distinctively smart, lucid, and engaging prose, these essays allow general readers to see the historical roots of, and contemporary solutions to, many important constitutional questions. The Law of the Land illuminates our nation’s history and politics, and shows how America’s various local parts fit together to form a grand federal framework.
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.
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1862 edition. Excerpt: ... What ig the rule respecting the separate resolutions of either House? They have no power over the President, or the heads of the Departments, unless within the parliamentaryrights of such house. (6 Opinions of Attorneys-General, 680.) What seems to have been a prominent object with the framers of the Constitution? Such a distribution of the power of government among the several departments, that not any one of the three departments should exercise the powers peculiar to the other two departments. Note. -- The proper time for each department, as a co-ordinate branch of the national government, to exercise its influence over a bill, resolution, or order, seems to be as follows: -- The Legislative department should do it at the time of making, amending, or repealing a bill, resolution, order, or law of Congress. The Executive should do it before he signs a bill, resolution, or order, thus making it a part of the supreme law of the land; and the Judiciary should do it, when a law comes before the Supreme Court in a case within their jurisdiction. Section VIII. POWERS GRANTED TO CONGRESS. Recite this clause. The Congress shall have power, --- 1. To lay and collect taxes, duties, imposts, and excises, to pay the debts and provide for the common defence and general welfare of the United States; but all duties, imposts, and excises shall be uniform throughout the United States. Into what two classes may the taxes here mentioned be divided? Direct and indirect. Which are the direct? Taxes upon persons and upon land. Which are the indirect? Taxes on articles of consumption, including duties, imposts, and excises. How must direct taxes be laid? They must be apportioned among the several States, according to their respective population by the census...