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In America's Constitution, one of this era's most accomplished
constitutional law scholars, Akhil Reed Amar, gives the first
comprehensive account of one of the world's great political texts.
Incisive, entertaining, and occasionally controversial, this
"biography" of America's framing document explains not only what
the Constitution says but also why the Constitution says it.
We all know this much: the Constitution is neither immutable nor
perfect. Amar shows us how the story of this one relatively compact
document reflects the story of America more generally. (For
example, much of the Constitution, including the glorious-sounding
"We the People," was lifted from existing American legal texts,
including early state constitutions.) In short, the Constitution
was as much a product of its environment as it was a product of its
individual creators' inspired genius.
Despite the Constitution's flaws, its role in guiding our republic
has been nothing short of amazing. Skillfully placing the document
in the context of late-eighteenth-century American politics,
America's Constitution explains, for instance, whether there is
anything in the Constitution that is unamendable; the reason
America adopted an electoral college; why a president must be at
least thirty-five years old; and why-for now, at least-only those
citizens who were born under the American flag can become
president.
From his unique perspective, Amar also gives us unconventional
wisdom about the Constitution and its significance throughout the
nation's history. For one thing, we see that the Constitution has
been far more democratic than is conventionally understood. Even
though the document was drafted by white landholders, a remarkably
large number of citizens (by the standards of 1787) were allowed to
vote up or down on it, and the document's later amendments
eventually extended the vote to virtually all Americans.
We also learn that the Founders' Constitution was far more
slavocratic than many would acknowledge: the "three fifths" clause
gave the South extra political clout for every slave it owned or
acquired. As a result, slaveholding Virginians held the presidency
all but four of the Republic's first thirty-six years, and
proslavery forces eventually came to dominate much of the federal
government prior to Lincoln's election.
Ambitious, even-handed, eminently accessible, and often surprising,
America's Constitution is an indispensable work, bound to become a
standard reference for any student of history and all citizens of
the United States.
"From the Hardcover edition."
We the People have forgotten many of our constitutional rights, or
we have allowed government officials to interpret them for us --
even when they are wrong. It is time to reclaim our
Constitution.Did you know that:
-- The Supreme Court is not the ultimate authority for
constitutional interpretation. It is subservient to the People, who
can amend the Constitution through a kind of national
referendum.
-- In certain cases juries may decide for themselves how to
interpret the Constitution rather than follow judges'
opinions.
-- The Framers intended for us to be able to protect ourselves from
the federal government.We the People have awesome responsibilities.
If the Constitution really is to be an instrument of the People, as
intended, it is imperative that we all understand this great
document. Read this book and keep it (and its copy of the
Constitution) on your shelf. We all owe ourselves, and our fellow
citizens, an education in our constitutional rights and
responsibilities.
Under the banners of the Fourth, Fifth, and Sixth Amendments, the
Supreme Court has constitutionalized a vast amount of criminal
procedure law in ways that often reward the guilty while hurting
the innocent. In this sweeping and provocative book, a
distinguished constitutional scholar critiques these developments
and reconceptualizes the basic foundations of the field. Akhil Amar
examines the role of search warrants, the status of the
exclusionary rule, self-incrimination theory and practice, and a
host of Sixth Amendment trial-related rights. Through a close and
original analysis of constitutional text, history, structure, and
precedent-leavened with a healthy measure of common sense-he
challenges conventional wisdom on a broad range of topics. He
argues that the exclusion of reliable evidence in criminal trials
is wrong in principle and in practice; unlawfully seized evidence
and fruits of immunized testimony should be constitutionally
admissible in criminal trials. Deterrence of government misconduct
should in general occur through civil damage suits and
administrative sanctions rather than through criminal exclusion.
Although addressed to lawyers, judges, and law students, this bold
book ultimately targets a much broader audience of policymakers and
citizens who seek to understand the principles of this
controversial area of constitutional law.
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