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The Complete Bill of Rights

The Complete Bill of Rights The Drafts, Debates, Sources, and Origins, 2nd Edition

作者： Neil H. Cogan
出版商： Oxford University Press USA
ISBN: 9780199324200
出版时间 July 2015
规格： Hardback , 1442 pages
适应领域： U.S. ? 免责申明：
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- Provides background material for Bill of Rights in a complete, accurate, and accessible format.
- Delineates a history of the text from proposal through drafting through adoption.
- Clause-by-clause layout of textual provisions, debates, and original sources from federal and state archives.
- Provides original source material without editing or "corrections" by editors at the risk of introducing bias.
The fundamental, inalienable rights and privileges set forth in the Bill of Rights represent the very foundations of American liberty. The Complete Bill of Rights, Second Edition is a documentary record of the process by which these rights and privileges were defined and recorded as law.

The Complete Bill of Rights contains all the background texts for the origins and debate of the ratification of the Bill of Rights and presents them clause by clause in a complete, accurate, and accessible format. Arranged in chronological order, the work presents each clause in its finished form, and traces its development from its proposal through drafting through adoption. Cogan presents every draft of the text and every documentary source, including state convention proposals, state, colonial, and English constitutional texts, sources in caselaw and treatises, and State and Colonial statutory and decisional law. He includes data from diaries and correspondence, pamphlets and newspapers, as well as the Congressional and State debates. The book also includes each version of the drafts from the manuscript collections of the National Archives and Library of Congress. The result is the most detailed and useful record of the debate over the Bill of Rights available.

This first new edition since 1997 expands on the first edition by providing the same invaluable texts for two fundamental protections of liberty found in the Constitution of 1789 (though not in the Bill of Rights): the protections under habeas corpus and the privileges and immunities clauses. Each chapter expands the background discussion of rights, and provides pertinent texts in contemporary legal dictionaries to meet the increasing interest of federal and state courts in additional sources for interpretation. The second edition also provides a chapter-by-chapter discussion of rights by treatise and abridgement writers in addition to Blackstone. Finally, all margin notes and footnotes in the dictionaries and treatises are included, so the reader has access to the totality of the original statues and case law upon which the drafters relied.

Including the correspondence of George Washington, Thomas Jefferson, James Madison, and John Adams among many others who debated the issues that the Supreme Court considers law today, The Complete Bill of Rights, Second Edition is the only comprehensive collection of texts essential to understanding the Bill of Rights. Organized in an accessible and practical manner, it is an invaluable tool for law students, judges, lawyers, and law clerks, as well as scholars of the law, history, and political science.

The second edition expands on the first edition by providing the same invaluable texts for two fundamental protections of liberty found in the Constitution of 1789 (though not in the Bill of Rights): the protections under habeas corpus and the privileges and immunities clauses. Each chapter expands the background discussion of rights, and provides pertinent texts in contemporary legal dictionaries to meet the increasing interest of federal and state courts in additional sources for interpretation. The second edition also provides a chapter-by-chapter discussion of rights by treatise and abridgement writers in addition to Blackstone. Finally, all margin notes and footnotes in the dictionaries and treatises are included, so the reader has access to the totality of the original statues and case law upon which the drafters relied.

Readership: Scholars of law, history, and political science, law students, judges, lawyers, librarians, law clerks
Abbreviations of Sources
Preface
Chapter 1: Amendment I - Establishment and Free Exercise Clauses
Chapter 2: Amendment I - Free Speech and Free Press Clauses
Chapter 3: Amendment I - Assembly and Petition Clauses
Chapter 4: Amendment II - Keep and Bear Arms Clause
Chapter 5: Amendment III - Quartering Soldiers Clause
Chapter 6: Amendment IV - Search and Seizure Clause
Chapter 7: Amendment V - Grand Jury Clause
Chapter 8: Amendment V - Double Jeopardy Clause
Chapter 9: Amendment V - Self-Incrimination Clause
Chapter 10: Amendment V - Due Process Clause
Chapter 11: Amendment V - Takings Clause
Chapter 12: Amendment VI - Criminal Trial Clauses
Chapter 13: Amendment VII - Civil Jury Trial Clauses
Chapter 14: Amendment VIII - Bail/Punishment Clauses
Chapter 15: Amendment IX - Unenumerated Rights Clause
Chapter 16: Amendment X - Reservation of Powers Clause
Chapter 17: Article I, Section 9, Clause 2 - Habeas Corpus Clause
Chapter 18: Article IV, Section 2, Clause 1 - Privileges and Immunities Clause
Appendix: Bill of Rights
Neil H. Cogan is Professor of Law at Whittier Law School. He was Dean of Whittier Law School and Vice President for Legal Education for the College from 2001 to 2009. During his deanship, the Law School established the Center for International and Comparative Law, the Institute for Legal Writing and Professional Skills, the Institute for Student and Graduate Academic Support, the Institute for Trial Advocacy, and six Summer Study Abroad Programs. He is a litigator, having tried both bench and jury trials and argued appeals in the federal and state courts. His The Complete Bill of Rights (Oxford University Press, 1997) has been frequently cited by the United States Supreme Court and in the scholarly literature.

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