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The Establishment Clause
Leonard Levy's classic work examines the circumstances that led to the writing of the establishment clause of the First Amendment: 'Congress shall make no law respecting an establishment of religion. . . .' He argues that, contrary to popular belief, the framers of the Constitution intended to prohibit government aid to religion even on an impartial basis. He thus refutes the view of 'nonpreferentialists,' who interpret the clause as allowing such aid provided that the assistance is not restricted to a preferred church. For this new edition, Levy has added to his original arguments and incorporated much new material, including an analysis of Jefferson's ideas on the relationship between church and state and a discussion of the establishment clause cases brought before the Supreme Court since the book was originally published in 1986.
A License to Steal
Leonard Levy traces the development and implementation of forfeiture and contends that it is a questionable practice, which, because it is so often abused, serves only to undermine civil society. Arguing that civil forfeiture is unconstitutional, Levy provides examples of the victimization of innocent people and demonstrates that it has been used primarily against petty offienders rather than against its original targets, members of organized crime.
Blasphemy
What society considers blasphemy - a verbal assault against the sacred - is a litmus test of the standards it believes to be necessary to preserve unity, order, and morality. Society has always condemned as blasphemy what it regards as an abuse of liberty
Emergence of a Free Press
A wonderful combination of judiciousness and vigor. Henry Steele Commager
Origins of the Fifth Amendment
Origins probes the intentions of the framers of the Fifth Amendment.
Original Intent and the Framers' Constitution
For more than two hundred years a debate has raged between those who believe that jurists should follow the original intentions of the Founding Fathers and those who argue that the Constitution is a living document subject to interpretation by each succeeding generation. The controversy has flared anew in our own time as a facet of the battle between conservatives and liberals. In Original Intent and the Framers' Constitution, the distinguished constitutional scholar Leonard Levy cuts through the Gordian Knot of claim and counterclaim with an argument that is clear, logical, and compelling. Rejecting the views of both left and right, he evaluates the doctrine of "original intent" by examining the sources of constitutional law and landmark cases. Finally, he finds no evidence for grounding the law in original intent. Judicial activism—the constant reinterpretation of the Constitution—he sees as inevitable.
Seasoned Judgments
Leonard Levy's new book, a compendium of his law review articles, book chapters, and basic shorter writings on themes with which he has long been identified, is a treasure chest of sound and reasonable analysis of American constitutional history. As one reviewer of the manuscript put matters: "There is not a clinker amongst them." For anyone who thinks that liberal analysis has grown soft and flabby, a good dose of Levy's book should set the record straight. Seasoned Judgments is divided into three parts: Rights, Constitutional History, and The Marshall Court. In this progression from the general to the concrete, Levy never ignores the context as well as the content of the judicial process. ...
The Framing and Ratification of the Constitution
Spanning the critical years in Amer. history, from 1776-1789, this volume examines the Constitution (CS) from its British & Colonial origins through the years when Americans struggled over the final shape of this founding document. These years saw the 2nd Cont. Cong., the Revol'y. War, & finally, the Constitutional Conv. Includes 21 original essays, written by historians & political scientists, bring to life the people, politics, issues, conflicts, & controversies behind the creation of our CS. Treating the framing & ratification both chronologically & topically, this book provides a detailed account of the creation of our structure of gov't. & the emergence of an Amer. theory & practice of constitutionalism.
Origins of the Bill of Rights
A history of the origins of the Bill of Rights. Leonard W. Levy offers a panoramic view of the liberties secured by the first ten amendments of the Constitution and illuminates the behind-the-scenes manoeuvrings, public rhetoric and political motivations of James Madison and others.
