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The Revolutionary Constitution (Paperback)
Loot Price: R1,209
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The Revolutionary Constitution (Paperback)
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The framers of the Constitution chose their words carefully when
they wrote of a more perfect union--not absolutely perfect, but
with room for improvement. Indeed, we no longer operate under the
same Constitution as that ratified in 1788, or even the one
completed by the Bill of Rights in 1791--because we are no longer
the same nation.
In The Revolutionary Constitution, David J. Bodenhamer provides a
comprehensive new look at America's basic law, integrating the
latest legal scholarship with historical context to highlight how
it has evolved over time. The Constitution, he notes, was the
product of the first modern revolution, and revolutions are, by
definition, moments when the past shifts toward an unfamiliar
future, one radically different from what was foreseen only a brief
time earlier. In seeking to balance power and liberty, the framers
established a structure that would allow future generations to
continually readjust the scale. Bodenhamer explores this dynamic
through seven major constitutional themes: federalism, balance of
powers, property, representation, equality, rights, and security.
With each, he takes a historical approach, following their changes
over time. For example, the framers wrote multiple protections for
property rights into the Constitution in response to actions by
state governments after the Revolution. But twentieth-century
courts--and Congress--redefined property rights through measures
such as zoning and the designation of historical landmarks
(diminishing their commercial value) in response to the needs of a
modern economy. The framers anticipated just such a future
reworking of their own compromises between liberty and power.
With up-to-the-minute legal expertise and a broad grasp of the
social and political context, this book is a tour de force of
Constitutional history and analysis.
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