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9780312137342

Declaring Rights A Brief History with Documents

by
  • ISBN13:

    9780312137342

  • ISBN10:

    0312137346

  • Format: Paperback
  • Copyright: 1997-10-15
  • Publisher: Bedford/St. Martin's

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Supplemental Materials

What is included with this book?

Summary

Questions about the original meaning of the Bill of Rights remain a source of active concern and controversy in the twenty-first century. In order to help students consider the intentions of the first Constitutional amendments and the significance of declaring rights, Jack Rakove traces the tradition and describes the deliberations from which the Bill of Rights emerged.

Author Biography

Jack N. Rakove is Coe Professor of History and American Studies and professor (by courtesy) of political science at Stanford University. His scholarly work concentrates on the creation of a national policy in Revolutionary America, the problem of ascertaining the "original meaning" on the Constitution, and the political career and thinking of James Madison. His most recent book, Original Meanings: Politics and Ideas in the Making of the Constitution (1996), won the 1997 Pulitzer Prize in history. Rakove's other works include James Madison and the Creation of the American Republic (1990), Interpreting the Constitution: The Debate over Original Intent (1990), and The Beginnings of National Politics: An Interpretative History of the Continental Congress (1979). He contributes to numerous scholarly and legal journals and lectures both in the United States and abroad.

Table of Contents

Foreword v
Preface vii
Introduction: Rights across the Centuries 1(4)
PART ONE Rights in Revolution 5(92)
The Seventeenth-Century Background
7(10)
English Precedents
7(7)
American Precedents
14(3)
Puzzles about Rights
17(15)
Defining a Right
19(2)
The Holders of Rights
21(2)
The Threat to Rights
23(1)
The Sources of Rights
24(2)
The Form and Function of a Declaration of Rights
26(3)
The Popularity of Rights-Talk
29(3)
The Colonists' Appeal to Rights
32(7)
The Legacy of 1689
39(7)
Constraining the King
40(6)
Convention Parliament, Declaration of Rights, February 12, 1688 o.s.
41(5)
Rights in Resistance
46(23)
Challenging the Stamp Act
47(3)
Resolutions of the House of Representatives of Massachusetts, October 29, 1765
48(2)
Disputing the American Claim
50(4)
A Letter from a Gentleman at Halifax (1965)
51(3)
Martin Howard, Jr.
Constitutional Rights in the British Tradition
54(7)
The Earl of Clarendon to William Pym, January 27, 1766
55(6)
John Adams
Declarations of Rights as Instruments of Negotiation
61(8)
Contiental Congress, Declaration and Resolves, October 14, 1774
63(6)
Rights in the First Constitutions
69(28)
Constitutions: A New Definition
70(3)
Four Letters on Interesting Subjects, 1776
71(2)
Populist Suspicions
73(2)
Resolutions of Concord, Massachusetts, October 21, 1776
74(1)
Declaring Rights: The First Models
75(12)
Third Draft of a Constitution for Virginia, Part IV, June 1776
79(2)
Thomas Jefferson
Virginia Provincial Convention, Committee Draft of a Declaration of Rights, May 27, 1776
81(4)
Pennsylvania Convention, Declaration of Rights, 1776
85(2)
Massachusetts: A Final Example
87(7)
A Declaration of the Rights of the Inhabitants of the Commonwealth of Massachusetts, 1780
88(6)
A Legislative Milestone
94(3)
Virginia Statute for Religious Freedom, 1786
PART TWO The Constitution and Rights 97(113)
Madison and the Problem of Rights
99(9)
Framing the Constitution
108(7)
The Basic Positions Stated
115(9)
A First Try at Amendments
116(3)
Amendments Proposed to Congress, September 27, 1787
117(2)
Richard Henry Lee
A Crucial Federalist Response
119(5)
Statehouse Speech, October 6, 1787
121(3)
James Wilson
The Anti-Federalist Case
124(19)
The Traditional Position Restated
126(6)
Second Essay Opposing the Constitution, November 1, 1787
126(6)
Brutus
Rights and the Education of Citizens
132(11)
Federal Farmer, Letter XVI, January 20, 1788
133(10)
The Federalist Position
143(4)
Can We Enumerate All Our Rights?
144(3)
Speech in the North Carolina Ratification Convention, July 28, 1788
145(2)
James Iredell
Madison and Jefferson: The Classic Exchange
147(20)
Defending the Veto
148(5)
Letter to Thomas Jefferson, October 24, 1787
150(3)
James Madison
The View from Paris
153(5)
Letter to James Madison, December 20, 1787
154(3)
Thomas Jefferson
Letter to James Madison, July 31, 1788
157(1)
Thomas Jefferson
Madison's Response
158(6)
Letter to Thomas Jefferson, October 17, 1788
160(4)
James Madison
Jefferson's Common Sense
164(3)
Letter to James Madison, March 15, 1789
165(2)
Thomas Jefferson
Framing the Bill of Rights
167(43)
Madison's Statesmanship
168(14)
Speech to the House of Representatives, June 8, 1789
170(12)
James Madison
Unweaving the Amendments
182(4)
U.S. House of Representative, Constitutional Amendments Proposed to the Senate, August 24, 1789
183(3)
Editorial Changes
186(5)
U.S. Congress, Constitutional Amendments Proposed to the States, September 28, 1789
189(2)
Residual Ambiguities
191(3)
Epilogue: After Two Centuries
194(5)
APPENDICES
A Constitutional Chronology (1603-1791)
199(4)
Questions for Consideration
203(1)
Selected Bibliography
204(6)
Index 210

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