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The Heart of the Constitution: How the Bill of Rights became the Bill of Rights Illustrated Edition
byGerard Magliocca(Author)
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This is the untold story of the most celebrated part of the Constitution. Until the twentieth century, few Americans called the first ten constitutional amendments drafted by James Madison in 1789 and ratified by the states in 1791 the Bill of Rights. Even more surprising, when people finally started doing so between the Spanish-American War and World War II, the Bill of Rights was usually invoked to justify increasing rather than restricting the authority of the federal government. President Franklin D. Roosevelt played a key role in that development, first by using the Bill of Rights to justify the expansion of national regulation under the New Deal, and then by transforming the Bill of Rights into a patriotic rallying cry against Nazi Germany. It was only after the Cold War began that the Bill of Rights took on its modern form as the most powerful symbol of the limits on government power.
These are just some of the revelations about the Bill of Rights in Gerard Magliocca'sThe Heart of the Constitution. For example, we are accustomed to seeing the Bill of Rights at the end of the Constitution, but Madison wanted to put them in the middle of the document. Why was his plan rejected and what impact did that have on constitutional law? Today we also venerate the first ten amendments as the Bill of Rights, but many Supreme Court opinions say that only the first eight or first nine amendments. Why was that and why did that change?
The Bill of Rights that emerges from Magliocca's fresh historical examination is a living text that means something different for each generation and reflects the great ideas of the Constitution--individual freedom, democracy, states' rights, judicial review, and national power in time of crisis.
These are just some of the revelations about the Bill of Rights in Gerard Magliocca'sThe Heart of the Constitution. For example, we are accustomed to seeing the Bill of Rights at the end of the Constitution, but Madison wanted to put them in the middle of the document. Why was his plan rejected and what impact did that have on constitutional law? Today we also venerate the first ten amendments as the Bill of Rights, but many Supreme Court opinions say that only the first eight or first nine amendments. Why was that and why did that change?
The Bill of Rights that emerges from Magliocca's fresh historical examination is a living text that means something different for each generation and reflects the great ideas of the Constitution--individual freedom, democracy, states' rights, judicial review, and national power in time of crisis.
- ISBN-100190271604
- ISBN-13978-0190271602
- EditionIllustrated
- PublisherOxford University Press
- Publication dateJanuary 18, 2018
- LanguageEnglish
- Dimensions8.6 x 1 x 5.7 inches
- Print length248 pages
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Editorial Reviews
Review
"Highly Recommended." --CHOICE"In his timely new book, 'The Heart of the Constitution,' Gerard N. Magliocca highlights how a key component of our Constitution, the Bill of Rights, has been a central touchstone for Americans throughout history....Now, as we face a new set of crises, from war to inequality to structural exclusion, a more dynamic debate over a 21st-century bill of rights might offer some avenues forward. Magliocca's book can help us start that debate."--K. Sabeel Rahman,The Washington Post"Magliocca provides fascinating insight into the origin and evolution of the Bill of Rights."--Lynne Maxwell,Library Journal"Magliocca aims at a diligent readership: his diction is serious, often academic, and resolutely unbiased, and the narrative is definitive."--Kirkus Reviews
About the Author
Gerard N. Magliocca is the Samuel R. Rosen Professor at the Indiana University Robert H. McKinney School of Law. He received his undergraduate degree at Stanford, his law degree at Yale, and spent one year as a law clerk for Judge Guido Calabresi on the United States Court of Appeals for the Second Circuit. Magliocca is the author of three other books on constitutional law and lives in West Lafayette, Indiana.
Product details
- Publisher : Oxford University Press
- Publication date : January 18, 2018
- Edition : Illustrated
- Language : English
- Print length : 248 pages
- ISBN-10 : 0190271604
- ISBN-13 : 978-0190271602
- Item Weight : 14.7 ounces
- Dimensions : 8.6 x 1 x 5.7 inches
- Best Sellers Rank: #734,460 in Books (See Top 100 in Books)
- #84 inConstitutional Law (Books)
- #378 inLegal History (Books)
- #448 inUnited States History (Books)
- Customer Reviews:
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I'm a Distinguished Professor and the Lawrence A. Jegen III Professor at the Indiana University Robert H. McKinney School of Law. I've written five books on constitutional law and history. My 2022 biography of Bushrod Washington won the Erwin N. Griswold Prize from the Supreme Court Historical Society. My next book (coming out soon!) will be about Justice Robert H. Jackson's landmark concurring opinion in The Steel Seizure Case.
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4.6 out of 5 stars
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- Reviewed in the United States on January 31, 2018Format: HardcoverWhat the Library Journal actually said, as opposed to the abbreviated quote on Amazon:
"Crucial for readers of Akhil Reed Amar's The Bill of Rights: Creation and Reconstruction."
