The Amendments to the Constitution: A Commentary

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Overview

A companion to the widely acclaimed The Constitution of 1787, this new book by eminent constitutional scholar George Anastaplo examines the nature and effects of the twenty-seven amendments to the U.S. Constitution.

For Anastaplo, these amendments implement the equality, liberty, and rule of law principles that are fundamental to the American system of government. His appendixes of critical documents and his reflections on the Bill of Rights and on the Emancipation Proclamation ...

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More About This Book

Overview

A companion to the widely acclaimed The Constitution of 1787, this new book by eminent constitutional scholar George Anastaplo examines the nature and effects of the twenty-seven amendments to the U.S. Constitution.

For Anastaplo, these amendments implement the equality, liberty, and rule of law principles that are fundamental to the American system of government. His appendixes of critical documents and his reflections on the Bill of Rights and on the Emancipation Proclamation set this volume apart from other treatises on the amendments to the Constitution.

The Johns Hopkins University Press

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Editorial Reviews

Journal of American Histor - Judge Edward Dumbauld

Those desiring to engage in the enterprise of ' thinking about the Constitution' in the company of a resourceful and knowledgeable guide will find this book quite interesting and enjoyable.

Law and Politics Book Review

Provocative, engaging, and not an inappropriate introduction to George Anastaplo. Discourse on the 'right of revolution,' it turns out, was precisely what got him into trouble with the Illinois bar 45 years ago. He remains important as much for what he has written since as for what he did then.

Law and Social Inquiry

This companion to Anastaplo's The Constitution of 1787... argues that the constitutional amendments implement the equality, liberty, and rule of law principles fundamental to the American system of government.

Journal of American Histor
Those desiring to engage in the enterprise of ' thinking about the Constitution' in the company of a resourceful and knowledgeable guide will find this book quite interesting and enjoyable.

— Judge Edward Dumbauld

Mortimer J. Adler

A marvelous instrument for introducing citizens to their Constitution.

Booknews
A discussion of the amendments to the Constitution, reviewing the intentions of the Federal Convention of 1787 and predecessors to the American Bill of Rights, analyzing each amendment, and considering the Confederate Constitution of 1861 and the Emancipation Proclamation. Includes appendices of texts such as the Magna Carta, and various declarations by important constitutional figures, plus stages of the Bill of Rights in the First Congress and in the state legislatures. Paper edition (unseen), $16.95. Annotation c. Book News, Inc., Portland, OR (booknews.com)
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Product Details

  • ISBN-13: 9780801849602
  • Publisher: Hopkins Fulfillment Service
  • Publication date: 5/19/1995
  • Edition description: New Edition
  • Edition number: 1
  • Pages: 492
  • Product dimensions: 6.00 (w) x 9.00 (h) x 1.10 (d)

Meet the Author

Denied admission to the Illinois bar in 1950 after he refused on principle to answer questions about his political associations, George Anastaplo took his case to the Supreme Court, and lost, 5-4. In a famous dissent—which Justice William J. Brennan said "immortalized George Anastaplo"—Justice Hugo L. Black wrote, "We must not be afraid to be free." George Anastaplo is professor of law at Loyola University of Chicago, lecturer in the liberal arts at the University of Chicago, and author of The American Moralist. He has been honored by the recent two-volume Festschrift, Law and Philosophy.

The Johns Hopkins University Press

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Table of Contents

Preface xv
1. The Intentions of the Federal Convention of 1787 1
2. The Federal Convention and a Bill of Rights 11
3. Predecessors to the American Bill of Rights 22
4. The Purposes and Effects of the Bill of Rights of 1791 33
5. Amendment I 47
6. Amendments II, III, and IV 59
7. Amendments V, VI, VII, and VIII 77
8. Amendments IX, X, XI, and XII 92
9. Education in the New Republic 107
10. The Confederate Constitution of 1861 125
11. The Emancipation Proclamation of 1862-1863 135
12. Amendments XIII, XIV, and XV 168
13. Amendments XVI, XVII, and XIX 186
14. Amendments XVIII and XXI 195
15. Amendments XX, XXII, XXIII, and XXV 207
16. Amendments XXIII, XXIV, XXVI, and XXVII 217
17. The Constitution in the Twenty-first Century 228
Appendixes and Sources 239
A. Magna Carta (1215) 244
B. Thomas More's Petition to Henry VIII on Parliamentary Freedom of Speech (1521) 256
C. The Petition of Right (1628) 259
D. The English Bill of Rights (1689) 263
E. Declarations by American Congresses (1765-1776)
E-1. Declarations of Rights & Grievances by the Stamp Act Congress (1765) 269
E-2. Declaration and Resolves by the First Continental Congress (1774) 271
E-3. The Declaration of Independence (1776) 276
F. Declarations of Rights (1776-1780)
F-1. Virginia Declaration of Rights (1776) 281
F-2. Massachusetts Declaration of Rights (1780) 283
G. Virginia Statute of Religious Liberty (1785) 291
H. The Principal Bill of Rights Discussions in James Madison's Notes of Debates in the Federal Convention (1787)
H-1. Monday, August 20, 1787 293
H-2. Wednesday, September 12, 1787 294
H-3. Saturday, September 15, 1787 295
I. Amendment Proposals by the Last States to Ratify the Constitution before Its Initial Implementation (1788)
I-1. Virginia Ratification Convention (June 26-27, 1788) 298
I-2. New York Ratification Convention (July 26, 1788) 305
J. Stages of the Bill of Rights in the First Congress and in the State Legislatures (1789-1791)
J-1. James Madison's Proposals in the House of Representatives (June 8, 1789) 315
J-2. Amendments Reported by a House of Representatives Committee (July 28, 1789) 320
J-3. Amendments Passed by the House of Representatives (August 24, 1789) 323
J-4. Amendments Passed by the Senate (September 9, 1789) 325
J-5. Amendments Proposed by Congress for Ratification by the States (September 25, 1789) 326
J-6. Ratification Returns from the States (November 20, 1789-December 15, 1791) 329
K. Letters Exchanged by Thomas Jefferson and John Adams (1814)
K-1. Letter from Thomas Jefferson to John Adams (July 5, 1814) 330
K-2. Letter from John Adams to Thomas Jefferson (July 16, 1814) 335
L. Anglo-American Responses to Slavery (1771-1863)
L-1. Somerset's Case (1771-1772) 341
L-2. The Constitution of the Confederate States of America (1861) 344
L-3. The Emancipation Proclamation (1862-1863) 362
M. The Constitution of 1787 with Amendments (1787-1992)
M-1. The Constitution of 1787 (1787) 363
M-2. Amendments to the Constitution of 1787 (1791-1992) 375
Notes 385
Index 455
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