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Pauline Maier shows us the Declaration as both the defining statement of our national identity and the moral standard by which we live as a nation. It is truly "American Scripture," and Maier tells us how it came to be -- from the Declaration's birth in the hard and tortuous struggle by which Americans arrived at Independence to the ways in which, in the nineteenth century, the document itself became sanctified. Maier describes the transformation of the Second Continental Congress into a national government, unlike anything that preceded or followed it, and with more authority than the colonists would ever have conceded to the British Parliament; the great difficulty in making the decision for Independence; the influence of Paine's []Common Sense[], which shifted the terms of debate; and the political maneuvers that allowed Congress to make the momentous decision. In Maier's hands, the Declaration of Independence is brought close to us. She lets us hear the voice of the people as revealed in the other "declarations" of 1776: the local resolutions -- most of which have gone unnoticed over the past two centuries -- that explained, advocated, and justified Independence and undergirded Congress's work. Detective-like, she discloses the origins of key ideas and phrases in the Declaration and unravels the complex story of its drafting and of the group-editing job which angered Thomas Jefferson. Maier also reveals what happened to the Declaration after the signing and celebration: how it was largely forgotten and then revived to buttress political arguments of the nineteenth century; and, most important, how Abraham Lincoln ensured its persistence as a living force in American society. Finally, she shows how by the very act of venerating the Declaration as we do -- by holding it as sacrosanct, akin to holy writ -- we may actually be betraying its purpose and its power.
Reading between the lines: America's implicit Constitution -- Heeding the deed: America's enacted Constitution -- Hearing the people: America's lived Constitution -- Confronting modern case law: America's "warrented" Constitution -- Putting precedent in its place: America's doctrinal Constitution -- Honoring the icons: America's symbolic Constitution -- "Remembering the ladies" : America's feminist Constitution -- Following Washington's lead: America's "Georgian" Constitution -- Interpreting government practices: America's institutional Constitution -- Joining the party: America's partisan Constitution -- Doing the right thing: America's conscientious Constitution -- Envisioning the future: America's unfinished Constitution -- Afterward -- Appendix: America's written Constitution.
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.
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 Conscience of the Constitution: The Declaration of Independence and the Right to Liberty documents a forgotten truth: the word “democracy” is nowhere to be found in either the Constitution or the Declaration. But it is the overemphasis of democracy by the legal community–rather than the primacy of liberty, as expressed in the Declaration of Independence–that has led to the growth of government power at the expense of individual rights. Now, more than ever, Sandefur explains, the Declaration of Independence should set the framework for interpreting our fundamental law. In the very first sentence of the Constitution, the founding fathers stated unambiguously that “liberty” is a blessing. Today, more and more Americans are realizing that their individual freedoms are being threatened by the ever-expanding scope of the government. Americans have always differed over important political issues, but some things should not be settled by majority vote. In The Conscience of the Constitution, Timothy Sandefur presents a dramatic new challenge to the status quo of constitutional law.
Marc Jacob analyses in depth the most important justificatory and decision-making tool of one of the world's most powerful courts.