Seasoned Judgments: The American Constitution, Rights, and History

Seasoned Judgments: The American Constitution, Rights, and History

by Leonard W. Levy
     
 

ISBN-10: 1560001704

ISBN-13: 9781560001706

Pub. Date: 12/31/1996

Publisher: Transaction Publishers

Leonard Levy’s new book, a compendium of his law review articles, book chapters, and basic shorter writings on themes with which he has long been identified, is a treasure chest of sound and reasonable analysis of American constitutional history. As one reviewer of the manuscript put matters: “There is not a clinker amongst them.” For anyone

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Overview

Leonard Levy’s new book, a compendium of his law review articles, book chapters, and basic shorter writings on themes with which he has long been identified, is a treasure chest of sound and reasonable analysis of American constitutional history. As one reviewer of the manuscript put matters: “There is not a clinker amongst them.” For anyone who thinks that liberal analysis has grown soft and flabby, a good dose of Levy’s book should set the record straight.

Seasoned Judgments is divided into three parts: Rights, Constitutional History, and The Marshall Court. In this progression from the general to the concrete, Levy never ignores the context as well as the content of the judicial process. Indeed, it is this linkage that separates him from nearly all other commentators and writers on the subjects covered. Whether discussing why the original Constitution lacked a Bill or Rights, or why the Fourth Amendment uses the imperative form “shall not” rather than the conditional form “ought not,” the reader enters a world of explanation rich in detail and carful scholarly elaboration.

Well-known as editor in chief of the multivolumed Encyclopedia of the American Constitution, this new volume extracts some of Levy’s own contributions to that effort. As a result, one can, for the first time, gain a clear sense of the author’s own profound sense of the major issues confronting American law from the founding fathers to the present. The analysis of such still unresolved issues as flag desecration, the exclusionary rule, testimonial compulsion, taxation without representation, and the nature of the Constitution itself, will be of tremendous appeal to historians and political scientists as well as attorneys and judges.

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Product Details

ISBN-13:
9781560001706
Publisher:
Transaction Publishers
Publication date:
12/31/1996
Pages:
444
Product dimensions:
6.69(w) x 9.45(h) x (d)

Table of Contents

Preface
Acknowledgements
1The Original Constitution As a Bill of Rights?3
2Property As a Human Right13
3The Right Is Wrong on Rights31
4On the Origins of the Free Press Clause41
5The Legacy Reexamined85
6Flag Desecration111
7The Incorporation Doctrine119
8Incorporation and the Wall127
9The Fourth Amendment147
10The Exclusionary Rule177
11Establishment of the Fifth Amendment Right185
12Framing the Fifth Amendment223
13Immunity Grants255
14Miranda v. Arizona259
15Testimonial and Nontestimonial Compulsion263
16The Ninth Amendment267
17Social Compact Theory287
18Constitution291
19Constitutional Convention295
20Due Process of Law299
21Taxation Without Representation303
22Massachusetts Constitution307
23Articles of Confederation311
24Ratifier Intent317
25The Supreme Court 1789-1801321
26And Some Leading Cases: Chisholm, Hayburn, Calder, Ware, and Hylton331
27Freedom in Turmoil: Era of the Sedition Act337
28Textualism349
29Lemuel Shaw: America's "Greatest Magistrate"357
30The Marshall Court379
31Marbury v. Madison393
32Federal Common Law of Crimes401
33Three Contract Clause Cases (N.J. v. Wilson, Fletcher, Dartmouth)407
34Martin v. Hunter's Lessee417
35McCulloch v. Maryland423
36Cohens v. Virginia431
37Gibbons v. Ogden439

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