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The Bill of Rights: Creation and Reconstruction
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Review
"Amar takes us on a historical odyssey . . . [He] offer[s] a striking and original analysis of the political values embodied in the amendments enacted to soothe their concerns. . . . In a rich clause-by clause analysis, Amar elaborates his thesis. . . . Amar’s stimulating republican interpretation restores the states and the people to their rightful place in the constitutional story."—James Henretta, New York Times Book Review"Amar’s historical analysis enables the reader to appreciate the countermajoritarian nature of the document over time. . . . He places legal milestones in an understandable perspective."—Phillip Young Blue, Library Journal"There are many virtues to this account . . . The Bill of Rights . . . offers a number of striking arguments and claims, many of them original and convincing . . . [It] is especially valuable as an exercise in intellectual history."—Cass R. Sunstein, The New Republic "As the author of a well-respected textbook on criminal procedure and of many law review articles, Amar is well qualified to present this new look at the nation’s Bill of Rights. . . . The book is carefully written and contains a rich, ample set of footnotes. Highly recommended for upper-division undergraduates, graduate students, and faculty."―Choice"The dazzling culmination of Amar’s attempt, over the past decade, to rethink constitutional law from the ground up, by distinguishing and synthesizing the lessons of the Founding and Reconstruction. This is one of the most important books about constitutional interpretation of its generation."—Jeffrey Rosen, American Lawyer"Amar . . . has produced a highly accessible, beautifully written book. . . . Amar . . . provides a rich, generally persuasive historical reconstruction of the framers’ intentions and worldviews by drawing upon their words, common terminology of the era and revered, cognate texts."―Casper O. Grathwohl, America"Students of constitutional law, history and interpretation will want to read this book. The argumentation is thoughtful, precise, and provocative. Moreover, the book is beautifully written, thoroughly researched, and meticulously referenced. Akhil Reed Amar has produced an impressive piece of scholarship that seems destined to become a staple of the constitutional bibliography."—John M. Scheb, Law and Politics Book Review"[This book] has already been hailed as a landmark, and deservedly so. Indeed, though it seems hardly possible that any informed person who reads this book will come away agreeing with every word, it seems even less likely that anyone who fails to read this book will be regarded, in the years to come, when the debate turns to the history of the U.S. Constitution, as an informed person."―Christopher C. Faille, Federal Lawyer"A beautifully written book . . . [that] deserves to sit on every constitutional scholar and lawyer's shelf along with such contemporary classics as Alexander Bickel's The Least Dangerous Branch, Charles Black's Structure and Relationship in Constitutional Law, John Hart Ely's Democracy and Distrust, and Philip Bobbitt's Constitutional Fate. . . . Perhaps no working constitutional scholar employs textual analysis more carefully and skillfully than Professor Amar."—Lackland C. Bloom, University of Richmond Law Review"A landmark study that will be an invaluable resource for students of early American history for generations to come. . . . Studded with keen insights on a dazzling array of legal problems. . . . [This book will provide an invaluable resource for students, judges and practitioners."—Jon C. Blue, University of Richmond Law Review"A masterpiece. . . . Meticulously detailed, historically sensitive, and largely persuasive. . . . One of the best books on American constitutionalism published this decade. No one can claim to be an educated member of the constitutional community who has not read it."—Mark A. Graber, University of Richmond Law Review"Strikingly original [and] quite powerful."—Stanton D. Krauss, University of Richmond Law Review"[This book] set[s] the benchmark for future discussions."—Kurt T. Lash, University of Richmond Law Review"One of the best law books of the twentieth century. . . . Professor Amar has brilliantly pointed the way to a sound understanding of many of the most difficult and contentious issues in constitutional theory."—Gary Lawson, University of Richmond Law Review"By any standard a major contribution to the literature on the Bill of Rights. . . . Skillfully combines historical research and legal analysis to give the reader a variety of fresh, important insights."—Earl M. Maltz, University of Richmond Law ReviewA selection of the History Book ClubHonorable Mention in the Legal category for 1998, Association of American Publishers, Professional/Scholarly Publishing Division (AAP/PSP) Annual Awards CompetitionHonorable mention in the 1999 Scribes Book Award CompetitionSelected to receive a Gavel Award Certificate of Merit in the Book Category in the 1999 Competition for the Media and the Arts, given by the American Bar Association "Amar’s argument is nothing short of brilliant: he recasts our understanding of the Bill of Rights in ways that have profound implications. No one presently writing is better able to combine legal and historical analysis."—Michael Les Benedict, Ohio State University"By viewing the Bill of Rights as a document with an evolving meaning shaped by history, and by stressing how the Civil War and Reconstruction transformed the Bill of Rights, Amar has made a major contribution to the history of American liberties."—Eric Foner, Columbia University"Essential reading for anyone who claims to care about the history of liberty in America, from the ACLU to the NRA, from the NAACP to the Federalist Society. Today’s Bill of Rights, Amar shows, owes less to the Founding Fathers of the 1780s and more to the antislavery crusaders of the 1860s—women alongside men, blacks alongside whites--than many of us had realized."—Nadine Strossen, professor, New York Law School and national president, American Civil Liberties Union"Akhil Amar is one of the most creative thinkers in the legal academy. Not surprisingly, he has produced the best book ever written about what we call the Bill of Rights. He is especially illuminating about the vast differences between the assumptions as to what these amendments meant in 1789 as against their interpretation in 1868, when the framers of the Fourteenth Amendment expected them to be applied against the states."—Sanford Levinson, University of Texas, School of Law
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About the Author
Akhil Reed Amar is Southmayd Professor of Law at Yale. He is the author of scores of articles on constitutional law and criminal procedure, as well as The Constitution and Criminal Procedure: First Principles, published by Yale University Press.
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Product details
Paperback: 432 pages
Publisher: Yale University Press; 60059th edition (April 1, 2000)
Language: English
ISBN-10: 0300082770
ISBN-13: 978-0300082777
Product Dimensions:
5.5 x 1 x 8 inches
Shipping Weight: 9.6 ounces (View shipping rates and policies)
Average Customer Review:
4.5 out of 5 stars
35 customer reviews
Amazon Best Sellers Rank:
#259,338 in Books (See Top 100 in Books)
I saw Amar on PBS, read his book on the history of the Constitution, and was thus driven to read The Bill of Rights. Being neither an attorney nor historian, I still found this to be an excellent read. I suspect that Amar could craft a listing a postal zip codes into an enthralling book. Of course, the creation of constitutional law is a topic that sells itself (at least to me)... He uses a textual analysis. At times, it seemed that he made his point several pages earlier. Most of the time that I read this piece, I sat in front of Google and typed in a smattering of his plethora of referenced facts. The focus of his discussion is on the first 10 adopted amendments and how the 14th amendment then modified each. He mentions the others briefly. Amar might have cited books, newspapers, more speeches that would help the reader better appreciate the zeitgeist of the time and how it affected the framers of 1 - 10 and those who adopted 14. More discussion on the originally proposed 2 amendments that were not ratified and why not might have been interesting, too. I also wish that, someday, hint, Amar will take this to the next step and address current socio-political issues using constitutional textual analysis. I enjoy his work. I think that his writing continues to evolve and I look forward to future works by him.
I read this after reading Professor Amar's "The Constitution: A Biography" which is the reverse of the order in which they were written. I enjoyed that one enormously and had the same reaction here. Professor Amar does an amazing job of using historical materials and textual analysis to provide numerous insights into the meaning of the Bill of Rights. The dominant thesis of the book is that the Bill of Rights when passed in 1791 was as much to protect states from the federal government as it was to keep individual liberties intact. I was not so impressed by the textual analysis (as several of the amendments seem clearly to speak about individual liberties) but the historical work was indeed compelling. Of course I am not familiar with the entire record so cannot say what he may have left out. Then, he convincingly shows the transformation of the Bill of Rights into an instrument for protecting individual liberties in the post-Civil War amendments and the thought leading up to that. Particular insights arise in relation to the right to keep and hear arms as a fundamental individual right (which was definitely not the understanding I held or was hoping to acquire, but it's pretty convincing as Amar presents it) and the way in which the First Amendment clause on establishment of religion changed over time due to territorial expansion and the abolitionist crusade from a law that initially allowed for state religions to the point where they were eliminated. Fascinating.My biggest disappointment was that the Fifth Amendment was limited to about 5 pages, 3 at the time it was enacted and 1 at the time of Reconstruction. He characterizes the "just compensation" clause - the only Constitutional protection for private property - as something Madison "smuggled in" to the Bill of Rights. Professor Amar seems, like many academics seem, to have some aversion toward legitimizing private property, although many of the historical sources he cites list it as a fundamental right, it just seems to be one that he doesn't like being fundamental. In his afterword, in addition to discussing approvingly Bruce Ackerman's work on a "redistributive constitutional regime" effected by early 20th century amendments and Supreme Court decisions during the New Deal, he writes revealingly, "there is still room for a great book organized around concepts rather than words --'liberty', 'equality', 'democracy', 'privacy' and so forth". I guess "Property" is just another "so forth" or maybe not even a concept he wants to keep around.
This book, which mostly reads like a textbook for a class, is an excellent history of the Bill of Rights. If you are interested in Federalist v. Anti-Federalist viewpoints, as well as the distinction between Creation (Founders) and Reconstruction interpretations of the Bill of Rights. I really enjoyed this text.
This is a very important guide to understanding what happened to the efforts at civil rights reform between 1858 and 1876. After the Civil War (1861-1865) there was an effort at civil rights reform that went beyond even what Dr. King tried to accomplish, but it failed, destroyed by the US Supreme Court. This book covers what happened and it is vital to understand not just US history, but a deliberate fraud by the Supreme Court that continues to this day as they deliberately fail to implement the 14th Amendment in its original form.
Great read
Yes, Professor Amar has an opinion. However, he believes he has very good reasons to hold the opinions he does. He compares and contrasts the views held by those who framed the original Constitution and Bill of Rights with those who re-constructed in in the wake of our Civil War. You may be surprised at how well the Constitution lives without living.
Great book. Excellent writing. Loved his lectures on Coursera.org. Great supplement to the course. would buy this book again and again
AMAR is a gift from Heaven
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