1.

Record Nr.

UNINA9910827571003321

Autore

Amar Akhil Reed

Titolo

The Bill of Rights : creation and reconstruction / / Akhil Reed Amar

Pubbl/distr/stampa

New Haven, : Yale University Press, c1998

ISBN

1-281-74067-5

9786611740672

0-300-12708-1

0-585-35357-3

Edizione

[1st ed.]

Descrizione fisica

1 online resource (430 p.)

Disciplina

342.73/085

Soggetti

Constitutional amendments - United States

Civil rights - United States

Lingua di pubblicazione

Inglese

Formato

Materiale a stampa

Livello bibliografico

Monografia

Note generali

Bibliographic Level Mode of Issuance: Monograph

Nota di bibliografia

Includes bibliographical references (p. 313-396) and index.

Nota di contenuto

pt. 1. Creation -- pt. 2. Reconstruction.

Sommario/riassunto

Are the deep insights of Hugo Black, William Brennan, and Felix Frankfurter that have defined our cherished Bill of Rights fatally flawed? With meticulous historical scholarship and elegant legal interpretation a leading scholar of Constitutional law boldly answers yes as he explodes conventional wisdom about the first ten amendments to the U.S. Constitution in this incisive new account of our most basic charter of liberty. Akhil Reed Amar brilliantly illuminates in rich detail not simply the text, structure, and history of individual clauses of the 1789 Bill, but their intended relationships to each other and to other constitutional provisions. Amar's corrective does not end there, however, for as his powerful narrative proves, a later generation of antislavery activists profoundly changed the meaning of the Bill in the Reconstruction era. With the Fourteenth Amendment, Americans underwent a new birth of freedom that transformed the old Bill of Rights.We have as a result a complex historical document originally designed to protect the people against self-interested government and revised by the Fourteenth Amendment to guard minority against majority. In our continuing battles over freedom of religion and expression, arms bearing, privacy, states' rights, and popular



sovereignty, Amar concludes, we must hearken to both the Founding Fathers who created the Bill and their sons and daughters who reconstructed it.Amar's landmark work invites citizens to a deeper understanding of their Bill of Rights and will set the basic terms of debate about it for modern lawyers, jurists, and historians for years to come.