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This study illuminates the text, structure, and history of the clauses of the 1789 Bill of Rights, and looks at their intended relationships to each other and to other constitutional provisions. The author also looks at the changes brought about by the introduction of the Fourteenth Amendment.

Tabla de contenidos provista por Syndetics

• Acknowledgments(p. ix)
• Introduction(p. xi)
• Part I Creation
• 1 First Things First(p. 3)
• 2 Our First Amendment(p. 20)
• 3 The Military Amendments(p. 46)
• 4 Searches, Seizures, and Taking(p. 64)
• 5 Juries(p. 81)
• 6 The Popular-Sovereignty Amendments(p. 119)
• Part II Reconstruction
• 7 Antebellum Ideas(p. 137)
• 8 The Reconstruction Amendment: Text(p. 163)
• 9 The Reconstruction Amendment: History(p. 181)
• 10 Refining Incorporation(p. 215)
• 11 Reconstructing Rights(p. 231)
• 12 A New Birth of Freedom(p. 284)
• Afterword(p. 295)
• Appendix Amendments I-X and XIV(p. 309)
• Notes(p. 313)
• Index(p. 397)

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Library Journal Review

The author (law, Yale Univ.) reminds us of the impact, flexibility, and timeliness of the Bill of Rights, the constitution within the Constitution that guarantees personal rights and shields individual freedoms from authoritarian encroachment. Amar's historical analysis enables the reader to appreciate the countermajoritarian nature of the document over time. The author's hypothesis seems to be that the Bill of Rights stands as an eternal bulwark against governmental oppression, especially the tyranny of the legislative majority. In this context, the demands of the Anti-Federalists at the 1787 Constitutional Convention for the security of individual rights and the protection of state governments dovetail with the post-Civil War legislation of the Reconstruction Congress intended to stamp out antebellum laws and discriminatory Black Codes. Amar goes to great pains to show how the 14th Amendment forced the states to apply fairly and evenly the freedoms and protections they had so ardently demanded during the post-Revolutionary era. He places legal milestones in an understandable perspective, thus making the reading accessible to a general academic audience.ÄPhillip Young Blue, New York State Supreme Court Criminal Branch Lib., New York (c) Copyright 2010. Library Journals LLC, a wholly owned subsidiary of Media Source, Inc. No redistribution permitted.

CHOICE Review

As the author of a well-respected textbook on criminal procedure and of many law review articles, Amar (law, Yale Univ.) is well qualified to present this new look at the nation's Bill of Rights. In part 1 Amar challenges the traditional and prevailing notion that the Constitution itself is concerned mainly with structure, the Bill of Rights with individual freedoms. Rather, he contends that structural ideas were very much on the minds of the Bill of Rights' advocates. For example, the Bill of Rights enabled local governments to prevent federal abuse and enhanced the structural institution of the jury trial. In part 2 the author focuses on the effect of the 14th Amendment on the Bill of Rights. In part he critiques Hugo Black's "total incorporation" doctrine, William Brennan's "selective incorporation" theory, and Felix Frankfurter's "fundamental fairness" principle. Amar contends that the key question to ask about this subject is whether a given provision in the Bill of Rights guarantees a privilege or immunity of individual citizens rather than a right of states or the public at large. The book is carefully written and contains a rich, ample set of footnotes. Highly recommended for upper-division undergraduates, graduate students, and faculty. R. A. Carp; University of Houston

Notas de autor provistas por Syndetics

Akhil Reed Amar is Southmayd Professor of Law at Yale