Restoring the Lost Constitution

Restoring the Lost Constitution
Title Restoring the Lost Constitution PDF eBook
Author Randy E. Barnett
Publisher Princeton University Press
Total Pages 448
Release 2013-11-24
Genre Law
ISBN 0691159734

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The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost. Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a "presumption of liberty" to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people. As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.

Lost Liberties

Lost Liberties
Title Lost Liberties PDF eBook
Author Cynthia Brown
Publisher
Total Pages 324
Release 2003
Genre Law
ISBN 9781565848290

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Collects critiques of the Justice Department's handling of American civil liberties under John Ashcroft, offering a series of essays categorized according to the specific issues on which they focus.

Liberty of Contract

Liberty of Contract
Title Liberty of Contract PDF eBook
Author David N. Mayer
Publisher Cato Institute
Total Pages 202
Release 2011-01-16
Genre Law
ISBN 1935308408

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Examines the history of the liberty of contract and shows how this right has been continuously diminished by court decisions and by our country's growing regulatory and welfare state.

What Price Liberty?

What Price Liberty?
Title What Price Liberty? PDF eBook
Author Ben Wilson
Publisher
Total Pages 484
Release 2009
Genre History
ISBN

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Takes us through four centuries of British, American and European history, elaborating not just how civil liberties were constructed in the past, but how they were continually rethought - and re-fought - in response to modernity and puts into context the controversies of the past decade or so.

Liberties Lost

Liberties Lost
Title Liberties Lost PDF eBook
Author Hilary McD. Beckles
Publisher Cambridge University Press
Total Pages 248
Release 2004-11-18
Genre History
ISBN 9780521435444

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Written by two of the Caribbean's leading historians, Liberties Lost is an essential book for students engaged in following courses on the history of the Caribbean. It will also be of interest to general readers seeking information on the history of the region. Starting with indigenous societies, Liberties Lost covers Europe's Caribbean project, European settlement and rivalry, the Transatlantic trade in enslaved Africans; sugar and slavery; African culture and community life; revolt and resistance and, finally, Caribbean emancipation.

Freedoms Won

Freedoms Won
Title Freedoms Won PDF eBook
Author Hilary McD. Beckles
Publisher Cambridge University Press
Total Pages 312
Release 2006-11-09
Genre History
ISBN 9780521435451

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Written by two of the Caribbean's leading historians, Freedoms Won is an essential book for students engaged in following courses on the history of the Caribbean. It will also be of interest to general readers seeking information on the history of the region. Starting with the aftermath of emancipation, Freedoms Won covers the African-Caribbean peasantry, Asian arrival in the Caribbean, social and political experiences of the working classes in the immediate post-slavery period, the Caribbean economy, US intervention and imperialst tendencies from the 18th century, the Labour Movement in the Caribbean in the 20th centurym the social life and culture of the Caribbean people, and social protest, decolonisation and nationhood.

Lost Rights

Lost Rights
Title Lost Rights PDF eBook
Author James Bovard
Publisher Palgrave Macmillan
Total Pages 418
Release 1995-09-15
Genre Political Science
ISBN 0312123337

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A political expose draws on specific case studies to reveal how blundering bureaucrats use their power to trample on citizens' constitutional rights