The Constitutionalist: Notes on the First AmendmentIn 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. |
From inside the book
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Page lxiv
... discussion of what has proven to be the chief problem of American constitu- tional development : the need to balance individual freedoms with national security . " [ Complete entry ] ) . Christian Century , vol . 88 , p . 1422 ...
... discussion of what has proven to be the chief problem of American constitu- tional development : the need to balance individual freedoms with national security . " [ Complete entry ] ) . Christian Century , vol . 88 , p . 1422 ...
Page lxvi
... discussion of the contemporary constitutional crisis of order and liberty , rights and duties - discussion thus far missing because of a general failure to appreciate the necessary tension between these ideals that lxvi 2004 ADDENDA FOR ...
... discussion of the contemporary constitutional crisis of order and liberty , rights and duties - discussion thus far missing because of a general failure to appreciate the necessary tension between these ideals that lxvi 2004 ADDENDA FOR ...
Page lxix
... discussion proceeds , we shall find Hugo L. Black's ideas appearing and reappearing in such a way that he may be considered a fourth major figure in our reflections . . . . Mr. Meiklejohn's , Mr. 2004 ADDENDA FOR THE CONSTITUTIONALIST lxix.
... discussion proceeds , we shall find Hugo L. Black's ideas appearing and reappearing in such a way that he may be considered a fourth major figure in our reflections . . . . Mr. Meiklejohn's , Mr. 2004 ADDENDA FOR THE CONSTITUTIONALIST lxix.
Page lxxv
... its title prom- ises and yet more : less , in that it does not include a comprehensive review of cases on the First Amendment and in that it has relatively little explicit discussion of the religious liberty aspect of that lxxv PREFACE.
... its title prom- ises and yet more : less , in that it does not include a comprehensive review of cases on the First Amendment and in that it has relatively little explicit discussion of the religious liberty aspect of that lxxv PREFACE.
Page lxxvi
... discussion is quickly dated if it does not look past the crises which give rise to it — if it does not , that is , look to the principles of one's regime and even to the best possible regime ( " that far country where there is neither ...
... discussion is quickly dated if it does not look past the crises which give rise to it — if it does not , that is , look to the principles of one's regime and even to the best possible regime ( " that far country where there is neither ...
Contents
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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Common terms and phrases
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