The Complete Bill of Rights: The Drafts, Debates, Sources, and Origins

Hardcover | July 14, 2015

byNeil H. Cogan

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The fundamental, inalienable rights and privileges set forth in the Bill of Rights represent the very foundations of American liberty. The Complete Bill of Rights, Second Edition is a documentary record of the process by which these rights and privileges were defined and recorded as law.The Complete Bill of Rights contains all the background texts for the origins and debate of the ratification of the Bill of Rights and presents them clause by clause in a complete, accurate, and accessible format. Arranged in chronological order, the work presents each clause in its finished form,and traces its development from its proposal through drafting through adoption. Cogan presents every draft of the text and every documentary source, including state convention proposals, state, colonial, and English constitutional texts, sources in caselaw and treatises, and State and Colonialstatutory and decisional law. He includes data from diaries and correspondence, pamphlets and newspapers, as well as the Congressional and State debates. The book also includes each version of the drafts from the manuscript collections of the National Archives and Library of Congress. The result isthe most detailed and useful record of the debate over the Bill of Rights available. This first new edition since 1997 expands on the first edition by providing the same invaluable texts for two fundamental protections of liberty found in the Constitution of 1789 (though not in the Bill of Rights): the protections under habeas corpus and the privileges and immunities clauses. Eachchapter expands the background discussion of rights, and provides pertinent texts in contemporary legal dictionaries to meet the increasing interest of federal and state courts in additional sources for interpretation. The second edition also provides a chapter-by-chapter discussion of rights bytreatise and abridgement writers in addition to Blackstone. Finally, all margin notes and footnotes in the dictionaries and treatises are included, so the reader has access to the totality of the original statues and case law upon which the drafters relied.Including the correspondence of George Washington, Thomas Jefferson, James Madison, and John Adams among many others who debated the issues that the Supreme Court considers law today, The Complete Bill of Rights, Second Edition is the only comprehensive collection of texts essential to understandingthe Bill of Rights. Organized in an accessible and practical manner, it is an invaluable tool for law students, judges, lawyers, and law clerks, as well as scholars of the law, history, and political science.

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The fundamental, inalienable rights and privileges set forth in the Bill of Rights represent the very foundations of American liberty. The Complete Bill of Rights, Second Edition is a documentary record of the process by which these rights and privileges were defined and recorded as law.The Complete Bill of Rights contains all the back...

Neil H. Cogan is Professor of Law at Whittier Law School. He was Dean of Whittier Law School and Vice President for Legal Education for the College from 2001 to 2009. During his deanship, the Law School established the Center for International and Comparative Law, the Institute for Legal Writing and Professional Skills, the Institute f...

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Format:HardcoverDimensions:800 pages, 10 × 7 × 0.98 inPublished:July 14, 2015Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199324204

ISBN - 13:9780199324200

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Table of Contents

Preface1. Amendment I - Establishment and Free Exercise Clauses2. Amendment I - Free Speech and Free Press Clauses3. Amendment I - Assembly and Petition Clauses4. Amendment II - Keep and Bear Arms Clause5. Amendment III - Quartering Soldiers Clause6. Amendment IV - Search and Seizure Clause7. Amendment V - Grand Jury Clause8. Amendment V - Double Jeopardy Clause9. Amendment V - Self-Incrimination Clause10. Amendment V - Due Process Clause11. Amendment V - Takings Clause12. Amendment VI - Criminal Trial Clauses13. Amendment VII - Civil Jury Trial Clauses14. Amendment VIII - Bail/Punishment Clauses15. Amendment IX - Unenumerated Rights Clause16. Amendment X - Reservation of Powers Clause17. Article I, Section 9, Clause 2 - Habeas Corpus Clause18. Article IV, Section 2, Clause 1 - Privileges and Immunities ClauseAppendix: Bill of Rights