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Our Secret Constitution: How Lincoln Redefined American Democracy

George P. Fletcher

Published in print:
2003
Published Online:
November 2003
ISBN:
9780195156287
eISBN:
9780199872169
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/0195156285.001.0001
Subject:
Political Science, American Politics

This book asserts that the Civil War marks the end of one era of American legal history, and the beginning of another. Abraham Lincoln's famous Gettysberg Address is viewed as the beginning of a new ... More


What I Have Learned Since the First Edition

Randy E. Barnett

in Restoring the Lost Constitution: The Presumption of Liberty

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691159737
eISBN:
9781400848133
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691159737.003.0016
Subject:
Law, Constitutional and Administrative Law

In this afterword, the author reflects on the lessons that he has learned since the publication of the book's first edition in 2004 from the realms of both constitutional scholarship and ... More


The “Constitution” in American Civil Religion

Sanford Levinson

in Constitutional Faith

Published in print:
2011
Published Online:
October 2017
ISBN:
9780691152400
eISBN:
9781400839872
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691152400.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter elaborates on the variety of “constitutional faiths.” It discusses the parallels between Protestant and Catholic approaches to Christian doctrine and “protestant” and “catholic” modes of ... More


The Moral Dimension of Constitutional Faith

Sanford Levinson

in Constitutional Faith

Published in print:
2011
Published Online:
October 2017
ISBN:
9780691152400
eISBN:
9781400839872
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691152400.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter considers the relationship between the Constitution—and the sovereign people ostensibly represented in its terms—and morality. Constitution faith requires the linkage of law and morality ... More


Constitutional “Attachment”: Identifying the Content of One’s Commitment

Sanford Levinson

in Constitutional Faith

Published in print:
2011
Published Online:
October 2017
ISBN:
9780691152400
eISBN:
9781400839872
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691152400.003.0005
Subject:
Law, Constitutional and Administrative Law

Chapter 3 considered the merits of loyalty oaths in general. It left unexamined an assumption of the debate about requiring such oaths—that they have some genuine content. This chapter examines that ... More


The Proper Scope of Federal Power: The Meaning of the Commerce Clause

Randy E. Barnett

in Restoring the Lost Constitution: The Presumption of Liberty

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691159737
eISBN:
9781400848133
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691159737.003.0012
Subject:
Law, Constitutional and Administrative Law

This chapter examines the propriety of federal laws under the power most often invoked to justify restrictions on liberty: the power to regulate commerce among the several states. Courts are not ... More


The Nontextual Constitution: Privacy and Other Unenumerated Rights

ASHUTOSH BHAGWAT

in The Myth of Rights: The Purposes and Limits of Constitutional Rights

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195377781
eISBN:
9780199775842
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195377781.003.010
Subject:
Law, Constitutional and Administrative Law

This chapter considers another, even more controversial topic: whether the Constitution should be read to create “rights,” or impose limits on state authority (as we will see, even the proper ... More


The Mandate of the Ninth Amendment: Why Footnote Four Is Wrong

Randy E. Barnett

in Restoring the Lost Constitution: The Presumption of Liberty

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691159737
eISBN:
9781400848133
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691159737.003.0010
Subject:
Law, Constitutional and Administrative Law

This chapter examines the revival of the presumption of constitutionality and its almost immediate qualification in the form of Footnote Four, which it argues is inconsistent with the Ninth ... More


Structural Rights and the War on Terror

ASHUTOSH BHAGWAT

in The Myth of Rights: The Purposes and Limits of Constitutional Rights

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195377781
eISBN:
9780199775842
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195377781.003.011
Subject:
Law, Constitutional and Administrative Law

The eight long years of the second Bush Administration and the War on Terror that it prosecuted have generated an extraordinary number of complex and divisive questions of constitutional law. ... More


Judicial Review of State Laws: The Meaning of the Privileges or Immunities Clause

Randy E. Barnett

in Restoring the Lost Constitution: The Presumption of Liberty

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691159737
eISBN:
9781400848133
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691159737.003.0009
Subject:
Law, Constitutional and Administrative Law

This chapter examines the original meaning of the Privileges or Immunities Clause of the Fourteenth Amendment in order to determine what stance federal courts should take toward state laws. The ... More


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