Download or read book Origins of the Fifth Amendment written by Leonard Williams Levy and published by Ivan R. Dee Publisher. This book was released on 1999 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt: Origins probes the intentions of the framers of the Fifth Amendment.
Download or read book Origins of the fifth amendment written by Leonard W. Levy and published by . This book was released on 1964 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Constitution written by United States and published by . This book was released on 1893 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Takings written by Richard A. Epstein and published by Harvard University Press. This book was released on 2009-07-01 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: If legal scholar Richard Epstein is right, then the New Deal is wrong, if not unconstitutional. Epstein reaches this sweeping conclusion after making a detailed analysis of the eminent domain, or takings, clause of the Constitution, which states that private property shall not be taken for public use without just compensation. In contrast to the other guarantees in the Bill of Rights, the eminent domain clause has been interpreted narrowly. It has been invoked to force the government to compensate a citizen when his land is taken to build a post office, but not when its value is diminished by a comprehensive zoning ordinance. Epstein argues that this narrow interpretation is inconsistent with the language of the takings clause and the political theory that animates it. He develops a coherent normative theory that permits us to distinguish between permissible takings for public use and impermissible ones. He then examines a wide range of government regulations and taxes under a single comprehensive theory. He asks four questions: What constitutes a taking of private property? When is that taking justified without compensation under the police power? When is a taking for public use? And when is a taking compensated, in cash or in kind? Zoning, rent control, progressive and special taxes, workers’ compensation, and bankruptcy are only a few of the programs analyzed within this framework. Epstein’s theory casts doubt upon the established view today that the redistribution of wealth is a proper function of government. Throughout the book he uses recent developments in law and economics and the theory of collective choice to find in the eminent domain clause a theory of political obligation that he claims is superior to any of its modern rivals.
Download or read book The Fifth Amendment written by Robert J. McWhirter and published by . This book was released on 2017-11-28 with total page 45 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Fifth Amendment packs a lot of rights into one paragraph; Grand Juries, double jeopardy, self-incrimination, right to due process and forfeiture of private property are all covered. We, as the public, are probably most aware of "Taking the Fifth" beloved of politicians and arch criminals alike. The idea of a person having the right not to be a witness against themselves has a very long history starting with Judaic law. That history is traced here traversing the Middle Ages and oath taking, the Inquisition, church courts and double jeopardy, the contest between common law and ecclesiastical courts, the use and abuse of self-incrimination in Tudor and Jacobean England and, finally, its interpretation in colonial America. All of this history and law informed James Madison when he drafted the Fifth Amendment, and Robert McWhirter here recounts that long arc and its influence. This lively account is written for the interested citizen, as well as the civics student, and there are surprising, and interesting, discursions into the way the events and personalities surrounding the Fifth Amendment have appeared in literature, film, sports and popular culture. The book is part of a collection chronicling the origins, history, and interpretation, of the first ten Amendments to the Constitution - the Bill of Rights.
Download or read book The Privilege Against Self Incrimination written by R. H. Helmholz and published by University of Chicago Press. This book was released on 1997-06-08 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Levy, this history of the privilege shows that it played a limited role in protecting criminal defendants before the nineteenth century.
Download or read book Our Constitution written by Donald A. Ritchie and published by Oxford University Press, USA. This book was released on 2006 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: WHY WAS THE CONSTITUTION NECESSARY?--WHAT KIND OF GOVERNMENT DID THE CONSTITUTION CREATE?--HOW IS THE CONSTITUTION INTERPRETED?
Download or read book Due Process of Law written by John V. Orth and published by . This book was released on 2003 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mindful of the English background and of constitutional developments in the several states, Orth in a succinct and readable narrative traces the history of due process, from its origins in medieval England to its applications in the latest cases. Departing from the usual approach to American constitutional law, Orth places the history of due process in the larger context of the common law. To a degree not always appreciated today, constitutional law advances in the same case-by-case manner as other legal rules. In that light, Orth concentrates on the general maxims or paradigms that guided the judges in their decisions of specific cases. Uncovering the links between one case and another, Orth describes how a commitment to fair procedures made way for an emphasis on the protection of property rights, which in turn led to a heightened sensitivity to individual rights in general.
Download or read book Is There a Right to Remain Silent written by Alan M. Dershowitz and published by Oxford University Press. This book was released on 2008-05-06 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: An outspoken legal scholar and author of America on Trial reveals why Fifth Amendment rights matter and how they are being reshaped, limited, and in some cases revoked in the wake of 9/11, in this absorbing look at one of the most essential constitutional rights.
Download or read book The Establishment Clause written by Leonard W. Levy and published by UNC Press Books. This book was released on 2017-03-01 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leonard Levy's classic work examines the circumstances that led to the writing of the establishment clause of the First Amendment: 'Congress shall make no law respecting an establishment of religion. . . .' He argues that, contrary to popular belief, the framers of the Constitution intended to prohibit government aid to religion even on an impartial basis. He thus refutes the view of 'nonpreferentialists,' who interpret the clause as allowing such aid provided that the assistance is not restricted to a preferred church. For this new edition, Levy has added to his original arguments and incorporated much new material, including an analysis of Jefferson's ideas on the relationship between church and state and a discussion of the establishment clause cases brought before the Supreme Court since the book was originally published in 1986.
Download or read book A Concise History of the Common Law written by Theodore Frank Thomas Plucknett and published by The Lawbook Exchange, Ltd.. This book was released on 2001 with total page 828 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published: 5th ed. Boston: Little, Brown and Co., 1956.
Download or read book Origins of the Bill of Rights written by Leonard Williams Levy and published by Yale Contemporary Law. This book was released on 2001 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: A history of the origins of the Bill of Rights. Leonard W. Levy offers a panoramic view of the liberties secured by the first ten amendments of the Constitution and illuminates the behind-the-scenes manoeuvrings, public rhetoric and political motivations of James Madison and others.
Download or read book Origin and Development of the Concept of Due Process of Law written by Rodney Loomer Mott and published by . This book was released on 1926 with total page 796 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Twenty fifth Amendment Its Complete History and Earliest Applications written by John D. Feerick and published by . This book was released on 1976 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Continues the author's "From failing hands."
Download or read book The Bill of Rights Explained written by Douglas M. Rife and published by Teaching and Learning Company. This book was released on 2008-09-01 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt: For too many students, history was then and this is now. In this packet, students examine the origins of each of the 10 amendments, but they also give real-life accounts of how those rights play a role in American lives today. The handouts, discussion suggestions, and primary source materials in this packet give students the opportunity to discover the impact the Bill of Rights has on their own lives.
Download or read book Original Intent and the Framers Constitution written by Leonard W. Levy and published by Ivan R. Dee. This book was released on 2000-08-15 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: For more than two hundred years a debate has raged between those who believe that jurists should follow the original intentions of the Founding Fathers and those who argue that the Constitution is a living document subject to interpretation by each succeeding generation. The controversy has flared anew in our own time as a facet of the battle between conservatives and liberals. In Original Intent and the Framers' Constitution, the distinguished constitutional scholar Leonard Levy cuts through the Gordian Knot of claim and counterclaim with an argument that is clear, logical, and compelling. Rejecting the views of both left and right, he evaluates the doctrine of "original intent" by examining the sources of constitutional law and landmark cases. Finally, he finds no evidence for grounding the law in original intent. Judicial activism—the constant reinterpretation of the Constitution—he sees as inevitable.
Download or read book The Dred Scott Case written by Roger Brooke Taney and published by Legare Street Press. This book was released on 2022-10-27 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Washington University Libraries presents an online exhibit of documents regarding the Dred Scott case. American slave Dred Scott (1795?-1858) and his wife Harriet filed suit for their freedom in the Saint Louis Circuit Court in 1846. The U.S. Supreme Court decided in 1857 that the Scotts must remain slaves.
