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Americans resorted to arms in 1775 not to establish new liberties but to defend old ones, explains constitutional historian Leonard W. Levy in this fascinating history of the origins of the Bill of Rights. Unencumbered by a rigid class system, an arbitrary government, or a single established church squelching dissent, colonial Americans understood freedom in a far more comprehensive and liberal way than the English, Levy shows. He offers here a panoramic view of the liberties secured by the first ten amendments to the Constitution-a penetrating analysis of the background of the Bill of Rights the meanings of each provision of the amendments.In colonial America, political theory, law, and religion all taught that government was limited. Yet the framing and ratification of the Bill of Rights-in effect a bill of restraints upon the national government-was by no means assured. Levy illuminates the behind-the-scenes maneuverings, public rhetoric, and political motivations that led to each provision. The omission of a bill of rights in the original constitution presented the most serious obstacle to its adoption, despite Federalist claims that a bill of rights was unnecessary. Opponents of the Constitution claimed that inclusion of only some liberties-such as the right to habeas corpus and freedom from ex post facto laws-meant that all other liberties would be lost. But, Levy demonstrates, the people of the United States, aided by a persistent James Madison and by traditions of freedom, had the good sense to support both the Constitution and the Bill of Rights.
Civil rights --- History --- United States. --- History. --- Droits de l'homme --- Droits civils --- Etats-unis --- Constitution --- Histoire constitutionnelle --- Histoire --- Amendements (01er-10e)
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License to Steal: The Forfeiture of Property
Forfeiture. --- Right of property. --- Searches and seizures. --- Forfeiture --- Searches and seizures --- Right of property --- Law - U.S. --- Law, Politics & Government --- Criminal Law & Procedure - U.S. --- DROIT PENAL --- AMERICAIN --- PENOLOGIE --- CONFISCATION --- CRIME ORGANISE --- PROCEDURE PENALE --- CHARGE DE LA PREUVE --- RESPONSABILITE --- DU FAIT DES CHOSES
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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.
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Blasphemy --- Blasphemy --- Freedom of speech --- Freedom of speech --- History. --- History. --- History. --- History.
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Criminal law. Criminal procedure --- United States of America
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Leonard Levy traces the development and implementation of forfeiture and contends that it is a questionable practice, which, because it is so often abused, serves only to undermine civil society. Arguing that civil forfeiture is unconstitutional, Levy provides examples of the victimization of innocent people and demonstrates that it has been used primarily against petty offienders rather than against its original targets, members of organized crime.
FORFEITURE --- SEARCHES AND SEIZURES --- RIGHT OF PROPERTY --- LAW
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