Showing results for "the-amendments" in Law

In Fear and the First Amendment, Kevin A. Johnson and Craig R. Smith offer an examination of the ways fear figures in First Amendment questions ruled on by the Supreme Court. Johnson and Smith focus on the rulings from the Roberts Court. Each chapter in this book analyzes one or more First Amendment cases and a variety of related fears that pertain to a given case.

We have reached a critical tipping point in our fight for the environment: Corporations profit off climate change, natural disasters devastate homes, and the most vulnerable suffer the health effects of pollution. Yet our laws are designed to accommodate this destruction rather than prevent it. Without government support, it's no wonder people feel powerless. But there is a solution. In The Green Amendment, veteran environmentalist Maya K. van Rossum presents her radically simple plan for a green future.

Mark R. Levin has made the case, in numerous New York Times best-selling books - Men in Black, Liberty and Tyranny, and Ameritopia - that the principles undergirding our society and governmental system are unravelling. In The Liberty Amendments, he turns to the founding fathers and the constitution itself for guidance in restoring the American republic.

In Fearless Speech, Dr. Mary Anne Franks emphasizes the distinction between what speech a democratic society should protect and what speech a democratic society should promote. While the First Amendment in theory is politically neutral, in practice it has been legally deployed most visibly and effectively to promote powerful antidemocratic interests: misogyny, racism, religious zealotry, and corporate self-interest—in other words, reckless speech. Instead, Franks argues, we need to focus on fearless speech.

This concise but comprehensive book lays out specific answers to myriad topical questions about free speech law, and also general explanations of how and why the law distinguishes between protected and punishable speech. The book focuses on modern First Amendment law, explaining the historic factors that propelled its evolution in a more speech-protective direction—in particular, the Civil Rights Movement. It highlights the many cases, involving multiple issues, in which robust speech-protective principles aided advocates of racial justice and other human rights causes.

Taking his typically in-depth, historically-informed view, Thom Hartmann examines the brutal role guns have played in American history, from the genocide of the Native Americans to the enforcement of slavery (Slave Patrols are in fact the Second Amendment’s “well-regulated militias”) and the racist post-Civil War social order. He shows how the NRA and conservative Supreme Court justices used specious logic to invent a virtually unlimited individual right to own guns, which has enabled the ever-growing number of mass shootings in the United States.

Adopted in 1868, the Fourteenth Amendment profoundly changed the Constitution, giving the federal judiciary and Congress new powers to protect the fundamental rights of individuals from being violated by the states. Yet, according to Randy Barnett and Evan Bernick, the Supreme Court has long misunderstood or ignored the original meaning of the amendment's key clauses, covering the privileges and immunities of citizenship, due process of law, and the equal protection of the laws.

This book is the story of how the "Baby Ninths" came to be and what they mean. Unlike the controversy surrounding the Ninth Amendment, the meaning of the Baby Ninths is straightforward: they protect individual rights that are not otherwise enumerated. They are an "etcetera, etcetera" at the end of a bill of rights. This book argues that state judges should do their duty and live up to their own constitutions to protect the rights "retained by the people" that these "etcetera clauses" are designed to guarantee.

The Electoral College that governs America has been with us since 1804, when Thomas Jefferson's supporters redesigned it for his re-election. The Jeffersonians were motivated by the principle of majority rule. Gone were the days when a president would be elected by acclamation, as George Washington had been. Instead, given the emergence of intense two-party competition, the Jeffersonians wanted to make sure that the Electoral College awarded the presidency to the candidate of the majority, rather than minority, party.

After 72 arduous years, the fate of the suffrage movement and its masterwork, the 19th amendment, rested not only on one state, Tennessee, but on the shoulders of a single man: 24-year-old legislator Harry Burn. Burn had previously voted with the anti-suffrage forces. If he did so again, the vote would be tied and the amendment would fall one state short of the 36 necessary for ratification. At the last minute, though, Harry Burn’s mother convinced him to vote in favor of the suffragist, and American history was forever changed.

The right of Americans to voice their beliefs without government approval or oversight is protected under what may well be the most honored and least understood addendum to the US Constitution - the First Amendment. Floyd Abrams, a noted lawyer and award-winning legal scholar specializing in First Amendment issues, examines the degree to which American law protects free speech more often, more intensely, and more controversially than is the case anywhere else in the world.

Legal luminary Burt Neuborne argues that the structure of the First Amendment as well as of the entire Bill of Rights was more intentional than most people realize, beginning with the internal freedom of conscience and working outward to freedom of expression and finally freedom of public association. This design, Neuborne argues, was not to protect discrete individual rights - such as the rights of corporations to spend unlimited amounts of money to influence elections.

In The Second Founding: An Introduction to the Fourteenth Amendment, Ilan Wurman provides an illuminating introduction to the original meaning of the Fourteenth Amendment's famous provisions "due process of law", "equal protection of the laws", and the "privileges or immunities" of citizenship. He begins by exploring the antebellum legal meanings of these concepts, starting from Magna Carta, the Statutes of Edward III, and the Petition of Right to William Blackstone and antebellum state court cases.

Too many Americans have been disenfranchised or faced needless barriers to vote. Part of the blame falls on the Constitution, which does not contain an affirmative right to vote. The Supreme Court has made matters worse by failing to protect voting rights and limiting Congress's ability to do so. The time has come for voters to take action and push for an amendment to the Constitution that would guarantee this right for all. Richard Hasen argues that American democracy can and should do better in assuring that all eligible voters can cast a meaningful vote that will be fairly counted.

More than any other people on earth, Americans are free to say and write what they think. The reason for this extraordinary freedom is not a superior culture of tolerance, but just 14 words in our most fundamental legal document: the free expression clauses of the First Amendment to the Constitution.

Anthony Lewis tells us how these rights were created, revealing a story of hard choices, heroic (and some less heroic) judges, and fascinating and eccentric defendants who forced the legal system to come face-to-face with one of America's great founding ideas.

In The United States of Anonymous, Jeff Kosseff explores how the right to anonymity has shaped American values, politics, business, security, and discourse, particularly as technology has enabled people to separate their identities from their communications.

When Freedom Speaks chronicles the stories behind our First Amendment right to speak our minds. Lynn Levine Greenky's background as a lawyer, rhetorician, and teacher gives her a unique perspective on the protection we have from laws that abridge our right to the freedom of speech. Powerfully employing that rhetorical approach, this book explores concepts related to free speech as moral narratives that proscribe the boundaries of our constitutionally protected right.

Most Americans consider a free press essential to democratic society - either as an independent watchdog against governmental abuse of power or as a wide-open marketplace of ideas. But few understand that far-reaching public policies have shaped the news citizens receive. In an age when mass communication ranges from independent cable channels to the Internet, it is essential to assess these policies and their effects if we want the media to continue fulfilling their role.

In The Militia and the Right to Arms, or, How the Second Amendment Fell Silent, Uviller and Merkel show how postratification history has sapped the Second Amendment of its meaning. Starting with a detailed examination of the political principles of the founders, the authors build the case that the amendment's second clause (declaring the right to bear arms) depends entirely on the premise set out in the amendment's first clause (stating that a well-regulated militia is necessary to the security of a free state).

Concealed Carry, Stand Your Ground Laws, and the Second Amendment Right to Bear Arms will teach you everything you need to know about your rights as a proud American citizen and how you can carry without concern. Many are not fully aware of the laws surrounding our rights. Don’t worry. We are here to help. The goal of this reading is to arm you with the confidence and knowledge you need to keep you well within your rights to not only conceal carry, but to be prepared for almost any situation and scenario when you do.