The Constitutionalist: Notes on the First AmendmentLexington Books, 2005 - 826 Seiten 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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Seite xxxi
... restraints that are qualified - the absolute prohibition does not relate to all forms of expression but only to that which the terms , " freedom of speech , or of the press , " were then taken to encompass PREFACE TO THE 2004 EDITION xxxi.
... restraints that are qualified - the absolute prohibition does not relate to all forms of expression but only to that which the terms , " freedom of speech , or of the press , " were then taken to encompass PREFACE TO THE 2004 EDITION xxxi.
Seite xxxii
... expression or with the problems of obscenity . Rather , the First Amendment acknowledges that the sovereign citizen has the right freely to discuss the public business , a privilege theretofore claimed only for members of legislative ...
... expression or with the problems of obscenity . Rather , the First Amendment acknowledges that the sovereign citizen has the right freely to discuss the public business , a privilege theretofore claimed only for members of legislative ...
Seite xxxviii
... expression , but primarily to that discourse which is essential to our vital political process . Among my Lost Causes , of relevance here , is that abolition of broadcast television , and especially with respect to political matters ...
... expression , but primarily to that discourse which is essential to our vital political process . Among my Lost Causes , of relevance here , is that abolition of broadcast television , and especially with respect to political matters ...
Seite xlviii
... expression " , read " for liberty " ; page 278 , line 19 : for " best regime " , read " best possible regime for human be- ings . " ; pages 278-81 : capitalize several uses of " the cave " ; page 293 , line 1B : add , within the ...
... expression " , read " for liberty " ; page 278 , line 19 : for " best regime " , read " best possible regime for human be- ings . " ; pages 278-81 : capitalize several uses of " the cave " ; page 293 , line 1B : add , within the ...
Seite lxvii
... expression ever devised . " ) . Political Science Reviewer , vol . 4 , pp . 169-91 ( 1974 ) ( Raleigh Smith ) ( " Neither a pedantic nor a contentious approach to the book will do ; the sheer bulk of Anastaplo's scholarly thorough- ness ...
... expression ever devised . " ) . Political Science Reviewer , vol . 4 , pp . 169-91 ( 1974 ) ( Raleigh Smith ) ( " Neither a pedantic nor a contentious approach to the book will do ; the sheer bulk of Anastaplo's scholarly thorough- ness ...
Inhalt
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