Origins of the Bill of Rights

Overview

Americans resorted to arms in 1775 not to establish new liberties but to defend old ones, explains constitutional historian Leonard W. Levy in this history of the origins of the Bill of Rights. Unencumbered by a rigid class system, an arbitrary government, or a single established church squelching dissent, colonial Americans understood freedom in a far more comprehensive and liberal way than the English, Levy shows. He offers here a panoramic view of the liberties secured by the first ten amendments to the ...
See more details below
Paperback (New Edition)
$15.03
BN.com price
(Save 6%)$16.00 List Price

Pick Up In Store

Reserve and pick up in 60 minutes at your local store

Other sellers (Paperback)
  • All (21) from $1.99   
  • New (7) from $7.64   
  • Used (14) from $1.99   
Sending request ...

Overview

Americans resorted to arms in 1775 not to establish new liberties but to defend old ones, explains constitutional historian Leonard W. Levy in this history of the origins of the Bill of Rights. Unencumbered by a rigid class system, an arbitrary government, or a single established church squelching dissent, colonial Americans understood freedom in a far more comprehensive and liberal way than the English, Levy shows. He offers here a panoramic view of the liberties secured by the first ten amendments to the Constitution - a penetrating analysis of the background of the Bill of Rights and of current legal understandings of each of its provisions.
Read More Show Less

Editorial Reviews

Publishers Weekly - Publisher's Weekly
When Americans began drafting a Bill of Rights suitable for their new republic, they were actually following longstanding Anglo-American tradition. In a well-researched, though hardly pathbreaking, history, Levy (Blasphemy, etc.), professor emeritus at the Claremont Graduate School, devotes chapters to important protections: freedom of speech, freedom of religion, habeas corpus, prohibitions on bills of attainder, etc. With each topic, he delves into its sources--English common law, Enlightenment philosophy, colonial state constitutions--ably characterizing the social and historical forces that influenced the evolution of each right. It's an academic approach that's useful as history even if it solves few contemporary problems. Take, for example, Levy's discussion of the right to bear arms. When ratified, he notes, the Second Amendment created an individual rather than a collective right. But this settles the matter only if one believes that legal and constitutional history stopped in 1789. As recent constitutional theorists (e.g., Bruce Ackerman) have noted, law, including constitutional law, evolves, effectively undergoing amendment through a gradual consensus-building process involving courts, legislatures and the public. Indeed, Levy's own keen historical account illustrates how legal concepts have changed over time. His failure to confront or even acknowledge how this dynamism is at work in contemporary debates renders this book ultimately of only academic interest. (Sept.) Copyright 1999 Cahners Business Information.
Library Journal
Constitutional historian Levy, author of 36 books concerning American politics and constitutional issues (e.g., The Palladium of Justice: Origins of Trial by Jury), provides a systematic and comprehensive analysis of the origins of the Bill of Rights and other constitutional provisions that protect rights. His historical analysis frames fundamental principles of "liberty" and "rights" by interpreting each of the first nine amendments to the Constitution and demonstrating differences between 18th-century American ideals and English common-law practice. His informative arguments in this important work concern nature and the sources of the Bill of Rights within American democracy, providing understanding for both scholars and citizens. Levy's approach to these controversial values, which protect the rights of the people, will be the source of future legal and public discussion. A significant contribution to understanding the Bill of Rights; highly recommended.--Steven Puro, St. Louis Univ. Copyright 1999 Cahners Business Information.
Garrett Epps
Makes an excellent introduction to its subject, and offers new insights even to scholars.
American Prospect
Read More Show Less

Product Details

  • ISBN-13: 9780300089011
  • Publisher: Yale University Press
  • Publication date: 2/28/2001
  • Series: Yale Contemporary Law Series
  • Edition description: New Edition
  • Edition number: 1
  • Pages: 320
  • Sales rank: 957,416
  • Product dimensions: 5.09 (w) x 7.77 (h) x 0.83 (d)

Table of Contents

Preface
Chronology
1 Why We Have the Bill of Rights 1
2 Habeas Corpus 44
3 Bills of Attainder 68
4 The First Amendment: The Establishment Clause 79
5 The First Amendment: The Free Press Clause 103
6 The Right to Bear Arms 133
7 The Fourth Amendment: Search and Seizure 150
8 The Fifth Amendment: The Right Against Self-Incrimination 180
9 Double Jeopardy 203
10 The Double Jury System: Grand and Petty 210
11 The Eight Amendment 231
12 The Ninth Amendment: Unenumerated Rights 241
Appendix: Key Documents 261
Bibliography 297
Index 299
Read More Show Less

Customer Reviews

Be the first to write a review
( 0 )
Rating Distribution

5 Star

(0)

4 Star

(0)

3 Star

(0)

2 Star

(0)

1 Star

(0)

Your Rating:

Your Name: Create a Pen Name or

Barnes & Noble.com Review Rules

Our reader reviews allow you to share your comments on titles you liked, or didn't, with others. By submitting an online review, you are representing to Barnes & Noble.com that all information contained in your review is original and accurate in all respects, and that the submission of such content by you and the posting of such content by Barnes & Noble.com does not and will not violate the rights of any third party. Please follow the rules below to help ensure that your review can be posted.

Reviews by Our Customers Under the Age of 13

We highly value and respect everyone's opinion concerning the titles we offer. However, we cannot allow persons under the age of 13 to have accounts at BN.com or to post customer reviews. Please see our Terms of Use for more details.

What to exclude from your review:

Please do not write about reviews, commentary, or information posted on the product page. If you see any errors in the information on the product page, please send us an email.

Reviews should not contain any of the following:

  • - HTML tags, profanity, obscenities, vulgarities, or comments that defame anyone
  • - Time-sensitive information such as tour dates, signings, lectures, etc.
  • - Single-word reviews. Other people will read your review to discover why you liked or didn't like the title. Be descriptive.
  • - Comments focusing on the author or that may ruin the ending for others
  • - Phone numbers, addresses, URLs
  • - Pricing and availability information or alternative ordering information
  • - Advertisements or commercial solicitation

Reminder:

  • - By submitting a review, you grant to Barnes & Noble.com and its sublicensees the royalty-free, perpetual, irrevocable right and license to use the review in accordance with the Barnes & Noble.com Terms of Use.
  • - Barnes & Noble.com reserves the right not to post any review -- particularly those that do not follow the terms and conditions of these Rules. Barnes & Noble.com also reserves the right to remove any review at any time without notice.
  • - See Terms of Use for other conditions and disclaimers.
Search for Products You'd Like to Recommend

Recommend other products that relate to your review. Just search for them below and share!

Create a Pen Name

Your Pen Name is your unique identity on BN.com. It will appear on the reviews you write and other website activities. Your Pen Name cannot be edited, changed or deleted once submitted.

 
Your Pen Name can be any combination of alphanumeric characters (plus - and _), and must be at least two characters long.

Continue Anonymously
Sort by: Showing 1 Customer Reviews
  • Anonymous

    Posted March 1, 2009

    No text was provided for this review.

Sort by: Showing 1 Customer Reviews

If you find inappropriate content, please report it to Barnes & Noble
Why is this product inappropriate?
Comments (optional)