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An innovative, insightful, often humorous look at the Constitution’’s lesser-known clauses, offering a fresh perspective on the document’s relevance today For a variety of reasons, many of the Constitution’s more obscure passages never make it to any court and therefore never make headlines or even law school classrooms, which teach from judicial decisions. In this captivating and witty book, Jay Wexler draws on his extensive professional and educational backgrounds in constitutional law to demonstrate how these “odd clauses” have incredible relevance to our lives, our government’s structure, and the integrity of our democracy.
"An innovative, insightful, and often humorous look at the Constitution's lesser-known clauses, offering a fresh approach to understanding our democracy. In this captivating and witty book, Jay Wexler draws on his extensive background in constitutional law to shine a much-deserved light on some of the Constitution's lesser-known parts. For a variety of reasons, many of the Constitution's "odd clauses" never make it to any court, and therefore never make headlines or even law school classrooms that teach from judicial decisions. Wexler delves into many of those more obscure passages, which he uses to illuminate the essence of our democratic process, including our tripartite government; the principles of equality, liberty, and privacy; and the integrity of our democracy"--
The First Amendment of the U. S. Constitution begins: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof . . . ." The Supreme Court has consistently held that these words, usually called the "religion clauses," were meant to prohibit laws that violate religious freedom or equality. In recent years, however, a growing number of constitutional law and history scholars have contended that the religion clauses were not intended to protect religious freedom, but to reserve the states' rights to legislate on. If the states' rights interpretation of the religion clauses were correct and came to be accepted by the Supreme Court, it could profoundly affect the way the Court decides church-state cases involving state laws. It would allow the states to legislate on religion-even to violate religious freedom, discriminate on the basis of religion, or to establish a particular religion. This book carefully, thoroughly, and critically examines all the arguments for such an interpretation and, more importantly, all the available historical evidence. It concludes that the clauses were meant to protect religious freedom and equality of the individuals not the states' rights
A Vintage Shorts Original Selection As Khizr Khan dramatically demonstrated at this year’s Democratic National Convention, the U.S. Constitution is the central point of reference in our political debates—the bedrock document from which we derive our policies on topics as diverse and galvanizing as immigration, gun ownership, voting rights, taxation, policing, and war. It dictates the structure and workings of our government; it sets forth our rights as citizens and, as such, shapes the parameters of our lives. Presidents come and go, but the Constitution remains the supreme law of the land. In this essential edition, acclaimed historian Ray Raphael guides us through the Constitution clause by clause and amendment by amendment, illuminating the origins of its content, the intentions of its framers, its evolution throughout the centuries, and its meaning today. Thoughtful and nuanced, lively and highly readable, this Constitution is for all of us to read and refer to—the ultimate political fact-checking source for every American. An ebook short
This book is concerned with a class of copular clauses known as specificational clauses, and its relation to other kinds of copular structures, predicational and equative clauses in particular. Based on evidence from Danish and English, I argue that specificational clauses involve the same core predication structure as predicational clauses — one which combines a referential and a predicative expression to form a minimal predicational unit — but differ in how the predicational core is realized syntactically. Predicational copular clauses represent the canonical realization, where the referential expression is aligned with the most prominent syntactic position, the subject position. Specificational clauses involve an unusual alignment of the predicative expression with subject position. I suggest that this unusual alignment is grounded in information structure: the alignment of the less referential DP with the subject position serves a discourse connective function by letting material that is relatively familiar in the discourse appear before material that is relatively unfamiliar in the discourse. Equative clauses are argued to be fundamentally different.
This volume features new and groundbreaking research on recent changes in the English verb phrase.
In The Second Founding: An Introduction to the Fourteenth Amendment, Ilan Wurman provides an illuminating introduction to the original meaning of the Fourteenth Amendment's famous provisions 'due process of law,' 'equal protection of the laws,' and the 'privileges' or 'immunities' of citizenship. He begins by exploring the antebellum legal meanings of these concepts, starting from Magna Carta, the Statutes of Edward III, and the Petition of Right to William Blackstone and antebellum state court cases. The book then traces how these concepts solved historical problems confronting framers of the Fourteenth Amendment, including the comity rights of free blacks, private violence and the denial of the protection of the laws, and the notorious abridgment of freedmen's rights in the Black Codes. Wurman makes a compelling case that, if the modern originalist Supreme Court interpreted the Amendment in 'the language of the law,' it would lead to surprising and desirable results today.
From abortion to same-sex marriage, today's most urgent political debates will hinge on this two-part question: What did the United States Constitution originally mean and who now understands its meaning best? Rakove chronicles the Constitution from inception to ratification and, in doing so, traces its complex weave of ideology and interest, showing how this document has meant different things at different times to different groups of Americans.
With high hopes, Daphne Ballinger lands her dream job at The New York Times. But it's not long until writing about weddings becomes a painful reminder of her own failed romance, and her love of the city slowly sours as well. Is it time to give up the Big Apple for her small hometown of Appleton? When her eccentric Aunt Dee passes away and leaves a sizeable estate to Daphne, going back home is an easy choice. What isn’t easy is coming to terms with the downright odd clauses written into the will. Daphne only stands to inherit the estate if she agrees to her aunt's very specific posthumous terms -- personal and professional. And if she fails to comply, the sprawling old Victorian house shall be bequeathed to . . . Aunt Dee’s cats. And if Daphne thinks that’s odd, wait until she finds out an array of secrets about Aunt Dee's life, and how imperfect circumstances can sometimes lead to God's perfect timing.
Our Constitution speaks in general terms of liberty and property, of the privileges and immunities of citizens, and of the equal protection of the laws--open-ended phrases that seem to invite readers to reflect in them their own visions and agendas. Yet, recognizing that the Constitution cannot be merely what its interpreters wish it to be, this volume's authors draw on literary and mathematical analogies to explore how the fundamental charter of American government should be construed today.