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• v. 1. United States ; Alabama-District of Columbia
• v. 2. Florida-Kansas
• v. 3. Kentucky-Massachusetts
• v. 4. Michigan-New Hampshire
• v. 5. New Jersey-Philippine Islands
• v. 6. Porto Rico-Vermont
• v. 7. Virginia-Wyoming; Index.

• 1. The logic, and illogic, of law--
• 2. The law journal breeding ground--
• 3. The inherent item veto--
• 4. The unitary executive and the commander-in-chief power--
• 5. The second amendment--
• 6. Conclusion.
• (source: Nielsen Book Data)

This book is a sweeping indictment of the legal profession in the realm of constitutional interpretation. The adversarial, advocacy-based American legal system is well suited to American justice, in which one-sided arguments collide to produce a just outcome. But when applied to constitutional theorizing, the result is selective analysis, overheated rhetoric, distorted facts, and overstated conclusions. Such wayward theorizing finds its way into print in the nation's over 600 law journals - professional publications run by law students, not faculty or other professionals - and peer review is almost never used to evaluate worthiness. The consequences of this system are examined through three timely cases: the presidential veto, the 'unitary theory' of the president's commander-in-chief power, and the Second Amendment's 'right to bear arms'. In each case, law reviews were the breeding ground for defective theories that won false legitimacy and political currency. This book concludes with recommendations for reform.
(source: Nielsen Book Data)

• Introduction: The Argument for the Secret Constitution
• 1. Redemption Under Law
• 2. Radical Gettysburg
• 3. Nationhood
• 4. Loyalty and Betrayal
• 5. Equality
• 6. The Revolution That Never Was
• 7. Equality Without Vision
• 8. A Maxim of Justice: Its Birth and Rebirth
• 9. The Secret Constitution Resurgent
• 10. Government as Partner Against the Past
• 11. Neither Blue Nor Gray
• Afterword: Election Blues 2000.

This study points to the Civil War as the most significant event in American legal history. The basic principles of the postbellum legal order, believes the author, are so radically different from the Constitution of 1787 that they should be recognized as a second American Constitution, establishing a Second Republic. The first Constitution was based on the principles of peoplehood as a voluntary association, individual freedom, and a republican elitism. The guiding premises of the second Constitution - as articulated in Lincoln's visionary address at Gettysburg and enacted in the 13th, 14th, and 15th Amendments - were in contrast, organic nationhood, equality of all persons, and popular democracy. Thus, although we may yearn for continuity with 1787, in fact our values, commitments, and aspirations for America have radically changed. By finally recognizing our radical discontinuity with the first Republic, says Fletcher, we can put an end to debilitating arguments about the Founders' intent and consciously and energetically pursue the full implications of our true beliefs about what America should and can become.
(source: Nielsen Book Data)
Americans hate and distrust their government. At the same time, Americans love and trust their government. These contradictory attitudes are resolved by Fletcher's novel interpretation of constitutional history. He argues that we have two constitutions-still living side by side-one that caters to freedom and fear, the other that satisfied our needs for security and social justice. The first constitution came into force in 1789. It stresses freedom, voluntary association, and republican elitism. The second constitution begins with the Gettysburg Address and emphasizes equality, organic nationhood, and popular democracy. These radical differences between our two constitutions explain our ambivalence and self-contradictory attitudes toward government. With September 11 the second constitution-which Fletcher calls the Secret Constitution-has become ascendant. When America is under threat, the nation cultivates its solidarity. It overcomes its fear and looks to government for protection and the pursuit of social justice. Lincoln's messages of a strong government and a nation that must "long endure" have never been more relevant to American politics. "Fletcher's argument has intriguing implications beyond the sweeping subject of this profoundly thought-provoking book."-The Denver Post.
(source: Nielsen Book Data)

• 01-032441_89_vii-xiv.pdf; 02-032441_90_xv-xx; 03-032441_00_001-026; 04-032441_01a_027-030; 05-032441_01b_031-060; 06-032441_02_061-086; 07-032441_03_087-116; 08-032441_04_117-142; 09-032441_05a_143-146; 10-032441_05b_147-176; 11-032441_06_177-206; 12-032441_07_207-234; 13-032441_08a_235-238; 14-032441_08b_239-262; 15-032441_09_263-288; 16-032441_10_289-310; 17-032441_11_311-340; 18-032441_12_341-352; 19-032441_13_353-356; 20-032441_14_357-370.

Une analyse originale de la présidence rassemblant les dimensions historiques, juridiques et politiques pour expliquer le processus électoral américain, les pouvoirs du président, mais aussi le rôle de ses conseillers, le poids des médias et la symbolique de la fonction présidentielle. Il existe des facteurs déterminants rassemblés ici pour apporter au lecteur des clés pour comprendre la présidence américaine, pour décrypter les décisions présidentielles et appréhender l'étendue du pouvoir d'un seul homme.

• Raol Berger, Government By Judiciary
• Front Matter
• Title Page
• Copyright Details
• Table of Contents, p. xiii
• Foreword, p. xv
• Preface to the Second Edition, p. xxi
• Acknowledgments
• Abbreviations, p. xxiv
• Part I
• 1. Introduction, p. 3
• Supplementary Note on the Introduction, p. 18
• 2. Privileges or Immunities, p. 30
• Supplementary Note on the Civil Rights Act and the Fourteenth Amendment: Fundamental Rights, p. 44
• 3. The Privileges or Immunities of a Citizen of the United States, p. 57

• 4. Negro Suffrage Was Excluded, p. 70 Supplementary Note on Suffrage, p. 85
• 5. Reapportionment, p. 90
• 6. The Open-Ended Phraseology Theory, p. 116
• 7. Segregated Schools, p. 132
• Supplementary Note on Segregated Schools, p. 146
• 8. Incorporation of the Bill of Rights in the Fourteenth Amendment, p. 155
• Supplementary Note on Incorporation, p. 174
• 9. Opposition Statements Examined, p. 190
• 10. Equal Protection of the Laws, p. 198
• 11. Due Process of Law, p. 211
• 12. Section Five: Congress Shall Enforce, p. 245

• 13. Incorporation of Abolitionist Theory in Section One, p. 253 Supplementary Note on Abolitionist Influence, p. 266
• Part II
• 14. From Natural Law to Libertarian Due Process, p. 273
• Supplementary Note on Natural Law and the Constitution, p. 302
• 15. The Rule of Law, p. 307
• 16. The Judiciary Was Excluded From Policymaking, p. 322
• Supplementary Note on Exclusion of the Judiciary, p. 332
• 17. The Turnabout of the Libertarians, p. 337
• 18. Liberals and the Burger Court, p. 358
• 19. The Legitimacy of Judicial Review, p. 369

• Supplementary Note on the Role of the Court, p. 378
• 20. Why the Original Intention? p. 402
• Supplementary Note on Original Intention, p. 410
• 21. Arguments for Judicial Power of Revision, p. 418
• 22. Trial by Jury: Six or Twelve Jurors?, p. 448
• 23. Conclusion, p. 457
• Supplementary Note on the Conclusion, p. 466
• Appendix A. Van Alstyne's Critique of Justice Harlan's Dissent, p. 471
• Appendix B. Judicial Administration of Local Matters, p. 480
• The Writings of Raoul Berger, p. 485
• Bibliography, p. 493
• Index of Cases, p. 517

• Acknowledgments Introduction: The Constitution and American Literature Part One: The Constitution as a Secular Revelation
• 1. At the Beginning
• 2. The Path to Union
• 3. The People, Having Spoken, Speak
• 4. Almost a Miracle
• 5. The Paradox of Secular Revelation Part Two: An American Literary Renaissance
• 6. Declarations of American Literary Independence
• 7. Preserving the Revelation
• 8. Preserving the Paradox
• 9. The Literary Renaissance of Secular Revelation
• 10. Essays in Time
• 11. A Poetic Form for Straying
• 12. Clinging to Narrative
• 13. Confidence and the Darkness of Revelation Conclusion: The Literary Art of Uniting States Notes Index.
• (source: Nielsen Book Data)

The United States Constitution is a quintessentially political document. Yet, until now, no one has seriously considered the formative influence of this document on American cultural life. In this ambitious book, Mitchell Meltzer demonstrates the extent to which the Constitution is both source and inspiration for America's greatest literary masterworks.
(source: Nielsen Book Data)
The United States Constitution, battleground of a politically bifurcated nation, and sponsor of that nation's now threatened cultural unity, is a quintessentially political document. Americans' representatives swear loyalty to it, and her soldiers die for it. Yet no one has ever seriously considered the formative influence this document, so central a force for all Americans, has had on American cultural life. Now, in this ambitious book, Mitchell Meltzer has for the first time demonstrated the extent to which the Constitution is both source and inspiration for America's greatest literary masterworks. Retelling the history of the Constitution's formation, Meltzer explains how the peculiarly paradoxical form of the Constitution, its "secular revelation, " underwent a literary rebirth after the passing of the Founders' generation, and issued in what is strangest and most characteristic in America's classic literature. By combining the secular with the revealed, a Constitutional poetics results that gives rise, in both politics and literature, to the formation of more perfect unions. Offering powerful new perspectives on Lincoln, Emerson, Whitman, and Melville, Meltzer reveals how the Constitution counterintuitively generated such oft-noted tendencies as these writers' penchant for self-contradiction, their willingness to court radical discontinuity, and their intensely conflicted, romance-directed fictions. Secular Revelations presents the Constitution in a new role, the inspiration of a great national literature.
(source: Nielsen Book Data)

This book reconstructs the fascinating but obscure history of the Eleventh Amendment to the US Constitution, which limits the exercise of US judicial power when American states are sued. Its modern meaning was largely shaped around cases concerning the liability of Southern states to pay their debts during and after Reconstruction: by shielding states from liability, the Supreme Court's interpretation of the Eleventh Amendment eased the establishment of post-Reconstruction Southern society and left a maddeningly complicated law of federal jurisdiction.

• The background of the framers' thinking
• The history of the Second Amendment
• The original legal meaning of the Second Amendment and the military provisions of the constitution
• Antirevolutionists
• Libertarians and populists
• The militia movement's theory of the Second Amendment
• Outgroups and the Second Amendment
• The silent crisis
• Redeeming the people.

The Second Amendment, which concerns the right of the people to keep and bear arms, has been the subject of great debate for decades. Does it protect an individual's right to arms or only the right of the states to maintain militias? In this work David Williams offers a reading of the Second Amendment: that it guarantees to individuals a right to arms only insofar as they are part of a united and consensual people, so that their uprising can be a unified revolution rather than a civil war. Williams argues that the Second Amendment has been based on myths about America: the Framers' belief in American unity and modern interpreters' belief in American distrust and disunity. Neither of these myths, however, will adequately curb political violence. Williams suggests that the amendment should serve not as a rule of law but as a cultural ideal that promotes American unity on the use of political violence and celebrates their diversity in other areas of life.
(source: Nielsen Book Data)

• * Introduction *1. Separation and Its Cousins *2. Equal Liberty *3. The Exemptions Puzzle *4. Ten Commandments, Three Plastic Reindeer, and One Nation ... Indivisible *5. God in the Classroom *6. Public Dollars, Religious Programs *7. Legislative Responsibility for Religious Freedom * Conclusion * Notes * Index.
• (source: Nielsen Book Data)

Religion has become a charged token in a politics of division. In disputes about faith-based social services, public money for religious schools, the Pledge of Allegiance, Ten Commandments monuments, the theory of evolution, and many other topics, angry contestation threatens to displace America's historic commitment to religious freedom. Part of the problem, the authors argue, is that constitutional analysis of religious freedom has been hobbled by the idea of "a wall of separation" between church and state. That metaphor has been understood to demand that religion be treated far better than other concerns in some contexts, and far worse in others. Sometimes it seems to insist on both contrary forms of treatment simultaneously. Missing has been concern for the fair and equal treatment of religion. In response, the authors offer an understanding of religious freedom called Equal Liberty. Equal Liberty is guided by two principles. First, no one within the reach of the Constitution ought to be devalued on account of the spiritual foundation of their commitments. Second, all persons should enjoy broad rights of free speech, personal autonomy, associative freedom, and private property. Together, these principles are generous and fair to a wide range of religious beliefs and practices. With Equal Liberty as their guide, the authors offer practical, moderate, and appealing terms for the settlement of many hot-button issues that have plunged religious freedom into controversy. Their book calls Americans back to the project of finding fair terms of cooperation for a religiously diverse people, and it offers a valuable set of tools for working toward that end.
(source: Nielsen Book Data)
Religion has become a charged token in a politics of division. Religious Freedom and the Constitution offers practical, moderate, and appealing terms for the settlement of many hot-button issues that have plunged religious freedom into controversy. It calls Americans back to the project of finding fair terms of cooperation for a religiously diverse people, and it offers a valuable set of tools for working toward that end.
(source: Nielsen Book Data)

• History
• Prelude to the Grand Convention
• Phladelphia and After
• The Nineteenth Century
• The Twentieth Century
• Operating Principles
• Judging Applications
• Congress, the Courts, and the President
• The Convention's Proposing Agenda
• Conclusion: The Politics of Uncertainty
• Convention Applications of Virginia and New York, 1788-1789.

This timely work shows that state drives for a constitutional convention have occurred nearly every twenty years since the Constitution was enacted. The politics of constitutional brinksmanship between Congress and the states is deftly discussed to reveal the ongoing tension between state and federal rights and constitutional tradition and reform.
(source: Nielsen Book Data)

• 1. Introduction. An Approach Through Ideas. A Convention to Regain Unity? A Secret Convention. Ratification and Implementation. A New and Unexpected Form of Federalism
• 2. Ideas from England. England's Ambivalent Medieval Heritage. England's Second Revolution. From Limited to Unlimited Power. The Country Opposition. English Ambivalence Imported
• 3. Political Motivations. The Problems as the Nationalists Saw Them. The Virginia Plan. The State Federalists. The Powers of Government. Restricting State Power. The General Result
• 4. Economic Motivations. The Role of Wealth in the Government. The Influence of Government on Wealth
• 5. An Anti-Democratic Convention? The House of Representatives. The Senate. The Executive. The Council of Revision and the Veto. Legislators' Eligibility for Executive Offices. The Judiciary. The Amending Article. The Mode of Ratification. Why an Anti-Democratic Bias? The General Result
• 6. The Convention Congress. Ratification. Amendments. The Nationalists in Control.

• The Ambiguity of the Senate. The Removal Power. Assumption of State Debts. The Bank. The Implications
• Appendix A State-Federalist Voting in the Philadelphia Convention
• Appendix B The First Senate
• Appendix C The First House.

Creating the Constitution presents a different interpretation of the Convention and the First Congress, derived largely from a close reading of Farrand's Records and the Annals of Congress. Among its special features are a critical perspective on the Framers, an examination of Court Whig influence on the Federalists, the identification of a third group--the state Federalists--between the nationalists and states' righters, and a view of the First Congress as distorting the aims of the Convention.
(source: Nielsen Book Data)

• France
• États-Unis (amendée)
• Delaware (état)
• Saint-Domingue (revisée)
• Italie
• Vinese
• Gênes
• St. Marin
• Allemagne (conf.)
• Bavière (état
• Suisse (conféd.)
• Vaud (canton).

• Introduction: fundamental questions
• What the framers couldn't know
• The constitution as a model: an American illusion
• Electing the president
• How well does the constitutional system perform?
• Why not a more democratic constitution?
• Some reflections on the prospects for a more democratic constitution.

In this provocative work, an American political scientist poses the question, "Why should we uphold our constitution?". The vast majority of Americans venerate the American Constitution and the principles it embodies, but many also worry that the United States has fallen behind other nations on crucial democratic issues, including economic equality, racial integration and women's rights. Robert Dahl explores the vital tension between the Americans' belief in the legitimacy of their constitution and their belief in the principles of democracy. Dahl starts with the assumption that the legitimacy of the American Constitution derives solely from its utility as an instrument of democratic governance. Dahl demonstrates that, due to the context in which it was conceived, the constitution came to incorporate significant antidemocratic elements. Because the Framers of the Constitution had no relevant example of a democratic political system on which to model the American government, many defining aspects of the political system were implemented as a result of short-sightedness or last-minute compromise. Dahl highlights those elements of the American system that are most unusual and potentially antidemocratic: the federal system, the bicameral legislature, judicial review, presidentialism, and the electoral college system. The political system that emerged from the world's first great democratic experiment is unique - no other well-established democracy has copied it. How does the American constitutional system function in comparison to other democratic systems? How could the political system be altered to achieve more democratic ends? To what extent did the Framers of the Constitution build features into the political system that militate against significant democratic reform? Refusing to accept the status of the American Constitution as a sacred text, Dahl challenges America to think critically about the origins of its political system and to consider the opportunities for creating a more democratic society.
(source: Nielsen Book Data)

• Why we have the Bill of Rights
• Habeas corpus
• Bills of attainder
• The First Amendment: the Establishment Clause
• The First Amendment: the Free Press Clause
• The right to bear arms
• The Fourth Amendment: search and seizure
• The Fifth Amendment: the right against self-incrimination
• Double jeopardy
• The double jury system: grand and petty
• The Eight Amendment
• The Ninth Amendment: unenumerated rights.

A history of the origins of the Bill of Rights. It offers a panoramic view of the liberties secured by the first ten amendments to the Constitution - with an analysis of the background of the Bill of Rights meaning of each provision of the amendments.
(source: Nielsen Book Data)

• Why we have the Bill of Rights
• Habeas corpus
• Bills of attainder
• The First Amendment: the Establishment Clause
• The First Amendment: the Free Press Clause
• The right to bear arms
• The Fourth Amendment: search and seizure
• The Fifth Amendment: the right against self-incrimination
• Double jeopardy
• The double jury system: grand and petty
• The Eight Amendment
• The Ninth Amendment: unenumerated rights.

A history of the origins of the Bill of Rights. It offers a panoramic view of the liberties secured by the first ten amendments to the Constitution - with an analysis of the background of the Bill of Rights meaning of each provision of the amendments.
(source: Nielsen Book Data)

• Preface
• 1. Introduction: "The Judicial Usurpation of Politics"
• 2. What is "the Constitution" (And Other Fundamental Questions)
• 3. The Fourteenth Amendment: What Norms Did "We the People" Establish?
• 4. The Fourteenth Amendment and Race: Segregation and Affirmative Action
• 5. Beyond Race: Sex and Sexual Orientation
• 6. Further Beyond: Abortion and Physician-Assisted Suicide
• 7. Concluding Reflections.
• (source: Nielsen Book Data)

The author evaluates the grave charge that the modern Supreme Court has engineered a "judicial usurpation of politics". In particular, h inquires which of the several Fourteenth Amendment conflicts - the conflicts over race segregation, race-based affirmative action, sex-based discrimination, homosexuality, abortion, and physician-assisted suicide - have been resolved as they should have been resolved. Michael J. Perry lays the necessary groundwork for his inquiry by addressing both questions of constitutional theory and questions of constitutional history.
(source: Nielsen Book Data)
Several of the most divisive moral conflicts that have beset Americans in the period since World War II have been transmuted into constitutional conflicts and resolved as such. In his new book, eminent legal scholar Michael Perry evaluates the grave charge that the modern Supreme Court has engineered a "judicial usurpation of politics." In particular, Perry inquires which of several major Fourteenth Amendment conflicts-over race segregation, race-based affirmative action, sex-based discrimination, homosexuality, abortion, and physician-assisted suicide-have been resolved as they should have been. He lays the necessary groundwork for his inquiry by addressing questions of both constitutional theory and constitutional history. A clear-eyed examination of some of the perennial controversies in American life, We the People is a major contribution to modern constitutional studies.
(source: Nielsen Book Data)

• Slavery in the American Revolution. From Empire to Confederation ; Abolition, slavery reform, and the climate of opinion
• The Making of the Slaveholders' Constitution. Property and Republican Representation ; Sectional Bargaining and Moral Union
• Slavery in the new nation. From Constitution to Republican Empire ; The Missouri Compact and the Rule of Law
• Conclusion: Slavery and the Dismal Fate of Madisonian Politics.

After its early introduction into the English colonies in North America, slavery in the United States lasted as a legal institution until the passage of the Thirteenth Amendment in 1865. But increasingly during the contested politics of the early republic, abolitionists cried out that the Constitution itself was a slaveowners' document, produced to protect and further their rights. "A Slaveholders' Union" furthers this unsettling claim by demonstrating once and for all that slavery was indeed an essential part of the foundation of the nascent republic. In this powerful book, George William Van Cleve demonstrates that the Constitution was pro-slavery in its politics, its economics, and its law. He convincingly shows that the Constitutional provisions protecting slavery were much more than mere "political" compromises - they were integral to the principles of the new nation. Deftly interweaving historical and political analyses, "A Slaveholders' Union" will become the definitive explanation of slavery's persistence and growth - and of its influence on American constitutional development - from the Revolutionary War through the Missouri Compromise of 1821.
(source: Nielsen Book Data)