The Constitutionalist: Notes on the First AmendmentLexington Books, 2005 - 826 ページ In this new edition of the acclaimed 1971 original, George Anastaplo provides us with a detailed legal, historical, and dialectical analysis of the First Amendment with special attention to the reasoning of the Founding Fathers. Heralded as a groundbreaking work on freedom of expression and constitutional rights, The Constitutionalist challenges the reader to truly understand through a legal and philosophical viewpoint the roles of freedom of speech and freedom of the press in our society, or any society. Supplementing the original text are thorough appendices, including an in-depth record of Anastaplo's own remarkable bar admission case, and extensive notes exploring a range of topics from important political events to the nature of American institutions, as well as a wealth of discriminating references and commentary pulling from anthropology, sociology, psychology, and literature. This book is essential and engrossing reading for law students, legal scholars, and anyone interested in the development and application of free speech and the First Amendment. |
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... argument for the importance of the relative auton- omy of State governments ( " States ' Rights " ) and with an analysis and critique of the Fourteenth Amendment and the " clear and present danger " test . However , in addition to the ...
... argument for the importance of the relative auton- omy of State governments ( " States ' Rights " ) and with an analysis and critique of the Fourteenth Amendment and the " clear and present danger " test . However , in addition to the ...
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... argument about Anastaplo and his case . When I left his house , I knew I had my form : a philosophic dialogue , of course . * I tried , in the last two speeches of that dialogue , to characterize what Anastaplo had been thinking and how ...
... argument about Anastaplo and his case . When I left his house , I knew I had my form : a philosophic dialogue , of course . * I tried , in the last two speeches of that dialogue , to characterize what Anastaplo had been thinking and how ...
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... arguments in their own terms , including arguments that he disagrees with strongly . More than once , when I was inclined to make an argument that I knew would anger most auditors and that I knew he disagreed with , I could , with him ...
... arguments in their own terms , including arguments that he disagrees with strongly . More than once , when I was inclined to make an argument that I knew would anger most auditors and that I knew he disagreed with , I could , with him ...
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... argument . ) Thus , I have had , in my career at the bar as in my encounter with the best books , to work things out far more by myself than if I had had a conventional career either at the bar or in the acad- emy . It has long been ...
... argument . ) Thus , I have had , in my career at the bar as in my encounter with the best books , to work things out far more by myself than if I had had a conventional career either at the bar or in the acad- emy . It has long been ...
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... argument in my Text draws to a close ( The Constitutionalist , p . 266 ) , My references to truth , vulgar minds , the common good , passions and rhetoric ... point to the need for traditional political philosophy , to the need for that ...
... argument in my Text draws to a close ( The Constitutionalist , p . 266 ) , My references to truth , vulgar minds , the common good , passions and rhetoric ... point to the need for traditional political philosophy , to the need for that ...
目次
I A JOURNAL OF PROCEEDINGS | 3 |
II THE SUPREME LAW OF THE LAND | 11 |
III CONGRESS SHALL MAKE NO LAW | 35 |
IV ALL LEGISLATIVE POWERS HEREIN GRANTED | 53 |
V ABRIDGING THE FREEDOM OF SPEECH | 93 |
VI THE POWERS NOT DELEGATED TO THE UNITED STATES | 133 |
VII A MORE PERFECT UNION | 171 |
VIII THE BLESSINGS OF LIBERTY | 205 |
APPENDIX A STAGES IN THE FIRST CONGRESS OF THE FIRST AMENDMENT | 289 |
CIRCULAR AND INDICTMENT | 294 |
APPENDIX C DUE PROCESS AND THE WORLD OF COMMERCE | 306 |
A TRIAL IN CHICAGO | 312 |
PRINCIPIIS OBSTA | 324 |
APPENDIX F IN RE GEORGE ANASTAPLO 195061 | 331 |
NOTES | 419 |
809 | |
IX WE DO ORDAIN AND ESTABLISH | 273 |
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Adams admission American Annals argued argument Aristotle Article authority Bill of Rights character and fitness Chicago L Chicago Sun-Times Chicago Tribune citizens civil committee common law Communist Party Congress congressional consider Constitution Constitutionalist crime Crosskey danger debate decision Declaration defendants discussion dissenting due process duty effect entry evident exercise federal Federalist Fourteenth Amendment freedom of speech George Anastaplo habeas corpus House ibid Illinois italics added John judge judicial jury lawyers legislation legislature Leo Strauss libel liberty Lincoln Madison matters means ment Nicomachean Ethics observed opinion perhaps petition petitioner petitioner's Plato political President principles problem prohibition prosecution protection question reason record refusal Republic republican respect restraints right of revolution rule Sedition Act seems Senate Smith Act statute suggested Supreme Court text at chap thought tion trial United University of Chicago York