Origins of the Bill of Rights / Leonard W. Levy.

Format:

Book

Author/Creator:

Levy, Leonard W. (Leonard Williams), 1923-2006.

Series:

Contemporary law series.

Contemporary law series

Language:

English

Subjects (All):

United States. Constitution--1st-10th Amendments--History.

United States.

Civil rights--United States--History.

Civil rights.

Physical Description:

1 online resource (320 p.)

Edition:

1st ed.

Place of Publication:

New Haven, CT : Yale University Press, c1999.

Language Note:

English

Summary:

Americans resorted to arms in 1775 not to establish new liberties but to defend old ones, explains constitutional historian Leonard W. Levy in this fascinating 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 the meanings of each provision of the amendments.In colonial America, political theory, law, and religion all taught that government was limited. Yet the framing and ratification of the Bill of Rights-in effect a bill of restraints upon the national government-was by no means assured. Levy illuminates the behind-the-scenes maneuverings, public rhetoric, and political motivations that led to each provision. The omission of a bill of rights in the original constitution presented the most serious obstacle to its adoption, despite Federalist claims that a bill of rights was unnecessary. Opponents of the Constitution claimed that inclusion of only some liberties-such as the right to habeas corpus and freedom from ex post facto laws-meant that all other liberties would be lost. But, Levy demonstrates, the people of the United States, aided by a persistent James Madison and by traditions of freedom, had the good sense to support both the Constitution and the Bill of Rights.

Contents:

Frontmatter

Contents

Preface

Chronology

ONE Why We Have the Bill of Rights

TWO Habeas Corpus

THREE Bills of Attainder

FOUR The First Amendment: The Establishment Clause

FIVE The First Amendment: The Free Press Clause

SIX The Right to Keep and Bear Arms

SEVEN The Fourth Amendment: Search and Seizure

EIGHT The Fifth Amendment: The Right Against Self-Incrimination

NINE Double Jeopardy

TEN The Double Jury System: Grand and Petty

ELEVEN The Eighth Amendment

TWELVE The Ninth Amendment: Unenumerated Rights

Appendix: Key Documents

Bibliography

Index

Notes:

Description based upon print version of record.

Includes bibliographical references (p. 297-298) and index.

ISBN:

9786611729356

9780585337999

0585337993

9781281729354

1281729353

9780300129021

0300129025

OCLC:

923592416