The modern effort to locate American liberties, it turns out, began in the mud at the bottom of Baltimore harbor. John Barron Jr. and John Craig sued the city for damages after Baltimore’s rebuilt drainage system diverted water and sediment into the harbor, preventing large ships from tying up at Barron and Craig’s wharf. By the time the case reached the U.S. Supreme Court in 1833, the issue had become whether the city’s actions constituted a taking of property by the state without just compensation, a violation of the Fifth Amendment to the U.S. Constitution. The high court’s decision in Barron v. Baltimore marked a critical step in the rapid evolution of law and constitutional rights during the first half of the nineteenth century. Diminishing the Bill of Rights examines the backstory and context of this decision as a turning point in the development of our current conception of individual rights. Since the colonial period, Americans had viewed their rights as springing from multiple sources, including the common law, natural right, and English legal tradition. Despite this rich heritage and a prohibition grounded in the Magna Carta against uncompensated state takings of property, the Court ruled against Barron’s claim. The Bill of Rights, Chief Justice John Marshall declared in his opinion for the majority, restrained only the federal government, not the states. The Fifth Amendment, accordingly, did not apply to Maryland or any of the cities it chartered. In explaining how the Court came to reject a multisourced view of human liberties—a position seemingly inconsistent with its previous decisions—William Davenport Mercer helps explain why we now envision the Constitution as essential to guaranteeing our rights. Marshall’s view of rights in Barron, Mercer argues, helped him navigate the Court through the precarious political currents of the time. While the chief justice may have effected a shrewd political maneuver, the decision helped hasten a reconceptualization of rights as located in documents. Its legacy, as Mercer’s work makes clear, is among the Jacksonian era’s significant democratic reforms and marks the emergence of a distinctly American constitutionalism.

Written by a leading scholar of the constitutional amending process, this two-volume encyclopedia, now in its fifth edition, is an indispensable resource for students, legal historians, and high school and college librarians. This authoritative reference resource provides a history and analysis of all 27 ratified amendments to the Constitution, as well as insights and information on thousands of other amendments that have been proposed but never ratified from America's birth until the present day. The set also includes a rich bibliography of informative books, articles, and other media related to constitutional amendments and the amending process.

The fundamental, inalienable rights and privileges set forth in the Bill of Rights represent the very foundations of American liberty. The Complete Bill of Rights is a documentary record of the process by which these rights and privileges were defined and recorded as law. Now in its second edition, The Complete Bill of Rights contains double the content featured in the first edition. This new edition includes all the background texts for the origins and debate of the ratification of the Bill of Rights and presents them clause by clause in a complete, accurate, and accessible format. Arranged in chronological order, the work presents each clause in its finished form, and traces its development from its proposal through drafting through adoption. Cogan presents every draft of the text and every documentary source, including state convention proposals, state, colonial, and English constitutional texts, sources in caselaw and treatises, and State and Colonial statutory and decisional law. He includes data from diaries and correspondence, pamphlets and newspapers, as well as the Congressional and State debates, including the correspondence of George Washington, Thomas Jefferson, James Madison, and John Adams among many others who debated the issues that the Supreme Court considers law today. The book also contains each version of the drafts from the manuscript collections of the National Archives and Library of Congress. The result is the most detailed and useful record of the debate over the Bill of Rights available. This first new edition since 1997 substantially expands on the previous edition, providing the same invaluable texts for two fundamental protections of liberty found in the Constitution of 1789 (though not in the Bill of Rights): the protections under habeas corpus and the privileges and immunities clauses. Each chapter expands the background discussion of rights, and provides pertinent texts in contemporary legal dictionaries to meet the increasing interest of federal and state courts in additional sources for interpretation. The second edition also provides a chapter-by-chapter discussion of rights by treatise and abridgement writers in addition to Blackstone. Finally, all margin notes and footnotes in the dictionaries and treatises are included, so the reader has access to the totality of the original statues and case law upon which the drafters relied. The Complete Bill of Rights is the only comprehensive collection of texts essential to understanding the Bill of Rights. Organized in an accessible and practical manner, it is an invaluable tool for law students, judges, lawyers, and law clerks, as well as scholars of the law, history, and political science.

Written by experienced Law teachers and examiners, this comprehensive student book has been revised and updated to reflect the latest changes in the law. With up-to-date case examples, extensive exam support and a variety of useful features, it offers high quality support for the WJEC and Eduqas A Level Law courses. - Designed for both the WJEC and Eduqas specifications, each topic is mapped to the relevant specifications for quick reference and easy navigation. - Covers all the content of the AS and A Level courses in a single student-friendly book. - Includes comprehensive exam support, with updated exam questions supported by detailed guidance and answers available online. - A variety of features, including Grade Boost, Key Cases and Stretch and Challenge activities encourage students to think critically and help develop their knowledge and understanding and ability to analyse. - An Exam practice and technique section provides advice and guidance on how to revise and helps develop the skills needed for the exams.

There is an ongoing debate about whether or not there should be a Bill of Rights for the United Kingdom. The Government is committed to considering the need for a Bill of Rights and other political parties have expressed interest in developing one. The Committee intends its report to contribute to this debate. They have considered evidence from a range of witnesses about whether there is a need for a Bill of Rights including: who the Bill of Rights should cover; what the Bill should include; whether it should incorporate social and economic rights; how a Bill of Rights would fit in with and affect the relationship between Parliament, the executive and the courts; whether the Bill should refer to responsibilities, and how Government should consult the public about a future Bill. In Annex 1 there is an outline of what a draft Bill might look like. It is intended that this practical document demonstrates the potential simplicity of a Bill of Rights. The Committee is of the view that the U

The Bill of Rights and Civil War Amendments created a triangular power struggle among state, nation and individual. Using chronological court cases, this book examines how the Supreme Court became arbiter among the three claimants to power, sometimes backtracking and sometimes taking a bold leap forward. Focusing on Justice Rehnquist’s lengthy term on the Supreme Court, Steven T. Seitz examines the growth and emphasis of individual sovereignty throughout the twentieth century. Highlighting some of the dispositional problems with Rehnquist decisions, the book uses the sustainable case law standard instead of applauding either conservative or liberal point of view which provides new vantage points on topics like equal protection of women, due process in several arenas, contracts, free speech, sex, and guns.

American politics is typically a story about winners. The fading away of defeated politicians and political movements is a feature of American politics that ensures political stability and a peaceful transition of power. But American history has also been built on defeated candidates, failed presidents, and social movements that at pivotal moments did not dissipate as expected but instead persisted and eventually achieved success for the loser’s ideas and preferred policies. With Legacies of Losing in American Politics, Jeffrey K. Tulis and Nicole Mellow rethink three pivotal moments in American political history: the founding, when anti-Federalists failed to stop the ratification of the Constitution; the aftermath of the Civil War, when President Andrew Johnson’s plan for restoring the South to the Union was defeated; and the 1964 presidential campaign, when Barry Goldwater’s challenge to the New Deal order was soundly defeated by Lyndon B. Johnson. In each of these cases, the very mechanisms that caused the initial failures facilitated their eventual success. After the dust of the immediate political defeat settled, these seemingly discredited ideas and programs disrupted political convention by prevailing, often subverting, and occasionally enhancing constitutional fidelity. Tulis and Mellow present a nuanced story of winning and losing and offer a new understanding of American political development as the interweaving of opposing ideas.

"This is a biography of Thomas Jefferson's life and conflicted moral universe. Jefferson has received increasing historical attention since the late 1990s. Much of the focus on Jefferson has concerned topics including his relationship with his slave Sally Hemings, the "Jefferson Bible," and bitter political rivalries with Alexander Hamilton and many others. Until now, however, no biography has fully explored Jefferson's spiritual beliefs and ethical precepts, and how those ideas did (or did not) sync up with the way Jefferson actually lived. Encapsulated in Jefferson's privileged but fraught life are themes that suffuse American history itself: religious seeking, racial injustice, inspiring ideals, and squalid realities. Employing fresh research in Jefferson's vast papers, Thomas Jefferson: A Biography of Spirit and Flesh shows how deeply the Christian culture of Jefferson's upbringing influenced him. It also reveals how he struggled as an adult to find an adequate replacement for the conventional Christianity of his youth, even as he became more entangled in political feuds, personal debt, and the terrible consequences of slaveowning"--