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Are the deep insights of Hugo Black, William Brennan, and Felix Frankfurter that have defined our cherished Bill of Rights fatally flawed? With meticulous historical scholarship and elegant legal interpretation a leading scholar of Constitutional law boldly answers yes as he explodes conventional wisdom about the first ten amendments to the U.S. Constitution in this incisive new account of our most basic charter of liberty. Akhil Reed Amar brilliantly illuminates in rich detail not simply the text, structure, and history of individual clauses of the 1789 Bill, but their intended relationships to each other and to other constitutional provisions. Amar’s corrective does not end there, however, for as his powerful narrative proves, a later generation of antislavery activists profoundly changed the meaning of the Bill in the Reconstruction era. With the Fourteenth Amendment, Americans underwent a new birth of freedom that transformed the old Bill of Rights.
We have as a result a complex historical document originally designed to protect the people against self-interested government and revised by the Fourteenth Amendment to guard minority against majority. In our continuing battles over freedom of religion and expression, arms bearing, privacy, states’ rights, and popular sovereignty, Amar concludes, we must hearken to both the Founding Fathers who created the Bill and their sons and daughters who reconstructed it.
Amar’s landmark work invites citizens to a deeper understanding of their Bill of Rights and will set the basic terms of debate about it for modern lawyers, jurists, and historians for years to come.
"The Bill of Rights stands as the high temple of our constitutional order--America s Parthenon--and yet we lack a clear view of it," Akhil Reed Amar writes in his introduction to
The Bill of Rights. "Instead of being studied holistically, the Bill has been broken up ... with each segment examined in isolation." With
The Bill of Rights, Amar aims to put the pieces back together and take a longer view of a document few Americans truly understand. Part history of the Bill, part analysis of what the Founding Fathers intentions really were, this book provides a unique interpretation of the Constitution. It is Amar s hypothesis that, contrary to popular belief, the Bill of Rights was not originally constructed to protect the minority against the majority, but rather to empower popular majorities. It wasn t until 19th-century post-Civil War reconstruction and the introduction of the 14th Amendment that the notion of individual rights took hold. Prior to that, the various amendments to the Constitution that make up the Bill of Rights were more about the
structure of government and designed to protect citizens against a self-interested regime. Yet so great has been the impact of the 14th Amendment on modern legal thought that the Bill s original intentions have almost been forgotten.
Through skillful interpretation and solid research, Amar both reconstructs the original thinking of the Founding Fathers and chronicles the radical changes that have occurred since the inclusion of the 14th Amendment in the Bill of Rights. The results make for provocative reading no matter where you stand on the political spectrum.
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