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A companion to the widely acclaimed The Constitution of 1787 , this new book by eminent constitutional scholar George Anastaplo examines the nature and effects of the twenty-seven amendments to the U.S. Constitution.

For Anastaplo, these amendments implement the equality, liberty, and rule of law principles that are fundamental to the American system of government. His appendixes of critical documents and his reflections on the Bill of Rights and on the Emancipation Proclamation set this volume apart from other treatises on the amendments to the Constitution.

Tabla de contenidos provista por Syndetics

• Preface(p. xv)
• 1. The Intentions of the Federal Convention of 1787(p. 1)
• 2. The Federal Convention and a Bill of Rights(p. 11)
• 3. Predecessors to the American Bill of Rights(p. 22)
• 4. The Purposes and Effects of the Bill of Rights of 1791(p. 33)
• 5. Amendment I(p. 47)
• 6. Amendments II, III, and IV(p. 59)
• 7. Amendments V, VI, VII, and VIII(p. 77)
• 8. Amendments IX, X, XI, and XII(p. 92)
• 9. Education in the New Republic(p. 107)
• 10. The Confederate Constitution of 1861(p. 125)
• 11. The Emancipation Proclamation of 1862-1863(p. 135)
• 12. Amendments XIII, XIV, and XV(p. 168)
• 13. Amendments XVI, XVII, and XIX(p. 186)
• 14. Amendments XVIII and XXI(p. 195)
• 15. Amendments XX, XXII, XXIII, and XXV(p. 207)
• 16. Amendments XXIII, XXIV, XXVI, and XXVII(p. 217)
• 17. The Constitution in the Twenty-first Century(p. 228)
• Appendixes and Sources(p. 239)
• A. Magna Carta (1215)(p. 244)
• B. Thomas More's Petition to Henry VIII on Parliamentary Freedom of Speech (1521)(p. 256)
• C. The Petition of Right (1628)(p. 259)
• D. The English Bill of Rights (1689)(p. 263)
• E. Declarations by American Congresses (1765-1776)
• E-1. Declarations of Rights and Grievances by the Stamp Act Congress (1765)(p. 269)
• E-2. Declaration and Resolves by the First Continental Congress (1774)(p. 271)
• E-3. The Declaration of Independence (1776)(p. 276)
• F. Declarations of Rights (1776-1780)
• F-1. Virginia Declaration of Rights (1776)(p. 281)
• F-2. Massachusetts Declaration of Rights (1780)(p. 283)
• G. Virginia Statute of Religious Liberty (1785)(p. 291)
• H. The Principal Bill of Rights Discussions in James Madison's Notes of Debates in the Federal Convention (1787)
• H-1. Monday, August 20, 1787(p. 293)
• H-2. Wednesday, September 12, 1787(p. 294)
• H-3. Saturday, September 15, 1787(p. 295)
• I. Amendment Proposals by the Last States to Ratify the Constitution before Its Initial Implementation (1788)
• I-1. Virginia Ratification Convention (June 26-27, 1788)(p. 298)
• I-2. New York Ratification Convention (July 26, 1788)(p. 305)
• J. Stages of the Bill of Rights in the First Congress and in the State Legislatures (1789-1791)
• J-1. James Madison's Proposals in the House of Representatives (June 8, 1789)(p. 315)
• J-2. Amendments Reported by a House of Representatives Committee (July 28, 1789)(p. 320)
• J-3. Amendments Passed by the House of Representatives (August 24, 1789)(p. 323)
• J-4. Amendments Passed by the Senate (September 9, 1789)(p. 325)
• J-5. Amendments Proposed by Congress for Ratification by the States (September 25, 1789)(p. 326)
• J-6. Ratification Returns from the States (November 20, 1789-December 15, 1791)(p. 329)
• K. Letters Exchanged by Thomas Jefferson and John Adams (1814)
• K-1. Letter from Thomas Jefferson to John Adams (July 5, 1814)(p. 330)
• K-2. Letter from John Adams to Thomas Jefferson (July 16, 1814)(p. 335)
• L. Anglo-American Responses to Slavery (1771-1863)
• L-1. Somerset's Case (1771-1772)(p. 341)
• L-2. The Constitution of the Confederate States of America (1861)(p. 344)
• L-3. The Emancipation Proclamation (1862-1863)(p. 362)
• M. The Constitution of 1787 with Amendments (1787-1992)
• M-1. The Constitution of 1787 (1787)(p. 363)
• M-2. Amendments to the Constitution of 1787 (1791-1992)(p. 375)
• Notes(p. 385)
• Index(p. 455)

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CHOICE Review

Anastaplo (law, Univ. of Chicago), whose extensive writings include a companion volume entitled The Constitution of 1787: A Commentary (CH, Sep'89), thoughtfully analyzes American constitutional amendments. His treatment of amendments is less conventional than more popular accounts such as R.B. Bernstein and J. Agel's Amending America (CH, Sep'93) or studies like A.P. Grimes's Democracy and the Amendments to the Constitution (CH, Jan'79) that focus on congressional debates. Thus, Anastaplo devotes chapters to Jefferson's and Adams's views of the ancients, to the Confederate Constitution, and to the Emancipation Proclamation. He frequently punctuates his discussion with questions. Giving minimal attention to issues of procedure such as those treated in J.R. Vile's Contemporary Questions Surrounding the Constitutional Amending Process (CH, Dec'93), or to subsequent judicial treatment of amendments, Anastaplo focuses on original intent. He also emphasizes the common law origins of American rights, the role of prudence in politics, and the need for education and virtue. Complete with more than a dozen original documents and extensive explanatory footnotes, many referring to other titles by Anastaplo himself, and to works by Leo Strauss, Harry Jaffa, and the American founders, this book will stimulate thoughtful reflection among upper-division undergraduates, graduate students, and scholars.

Notas de autor provistas por Syndetics

Denied admission to the Illinois bar in 1950 after he refused on principle to answer questions about his political associations, George Anastaplo took his case to the Supreme Court, and lost, 5-4. In a famous dissent--which Justice William J. Brennan said "immortalized George Anastaplo"--Justice Hugo L. Black wrote, "We must not be afraid to be free." George Anastaplo is professor of law at Loyola University of Chicago, lecturer in the liberal arts at the University of Chicago, and author of The American Moralist . He has been honored by the recent two-volume Festschrift, Law and Philosophy .