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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.
A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.
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.
"Formerly known as the International Citation Manual"--p. xv.
The Declaration of Independence liberated one continent from domination by another, but the Constitution revolutionized the world--by entrusting citizens with rights never before in history granted to ordinary people. Far from the genteel unity implied by the Constitution's opening words "We the People," the struggle to create and ratify this powerful document was as difficult as the fight for independence from Britain had been. The road to independence had led straight to hell. America was ablaze in anarchy and civil strife. As civil war threatened, George Washington called for a new constitution creating a powerful new federal government to restore order. For the majority of Americans, the new Constitution drafted in Philadelphia seemed a disaster, creating a new American government with the same powers of taxation as the former British government and led by a president with powers to succeed himself indefinitely and become a monarch. Former Virginia governor Patrick Henry cried out against such a central authority that could stifle state sovereignty: "Liberty will be lost and tyranny will result." George Washington countered, calling Henry an enemy of liberty. The ratification process began and, over the next nine months, America warred with itself, as each state joined in what became American's "second revolution." Just as the first revolution had brought Americans together, the second threatened to rip the nation apart, as Washington's Federalists battled Henry's Antifederalists. Mobs ran riot in the streets of Philadelphia, New York, and Providence. The wealthy elite supported the new Constitution and a strong central government, while a majority of ordinary people opposed both, and populist leaders such as Henry and New York governor George Clinton geared for violent conflict between the states to preserve state sovereignty. By mid-March 1788, eight of the nine states required for ratification of he Constitution had ratified. But Virginia, the largest and the wealthiest state, stood firm with New York against union, and without them the new nation would be as fragile as the parchment on which the Constitution had been written. With the fate of the country in the balance, Washington could only hope for a miracle to save the nation from all-out civil war and disunion. In America's Second Revolution, award-winning author Harlow Giles Unger tells the gripping story of that miracle, the harrowing events that led up to it, and the men who made it possible. Rich and powerful, they displayed humor, sarcasm, fire, brilliance, ignorance, hypocrisy, warmth, anger, bigotry, and hatred. Their struggle pitted friend against friend, brother against brother, father against son. But, in the end, they helped create a new government, a new nation, and, ultimately, a new civilization.